Dear Friends,

Can anybody give an answer to my following query: Can a non-workman president of an unregistered trade union be allowed by the Conciliation Officer to represent the workmen in conciliation proceedings for whom he has demanded certain benefits from the employer with the threat of a strike?

With Regards,
S.K.Hota
7.7.12

From India, Calcutta
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Dear Mr. Skhota,

Please see section 36(a) of the Industrial Disputes Act. According to this section, a workman who is a party to a dispute shall be entitled to be represented by any member of the executive or office bearer of a registered trade union of which he is a member. Therefore, if the trade union is not registered, then the office bearer cannot represent the workmen. This is the legal position. What might happen in reality may be different.

With regards

From India, Madras
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