Union Office Bearer- Legal Protection During Promotion To Managerial Category

" Normally a trade union is said to be a union or association of similar kind of employees or employees having a similar bargaining goal. There is nothing in the Trade Union Act which prevents a Managerial staff member to join a trade union. The Trade Union Act has defined workman as any person employed and it does not have any relation with the definition of workman as given in the Industrial Disputes Act. Therefore, any employee is free to join a trade union. But since a union is an association of employees of related interests, if a manager joins a trade union formed for the benefit of workers, his interests or demands will not be discussed in a meeting of the workers. Moreover, a manager will not get the protections offered in the ID Act which are available to workmen. As such by joining a trade union a manager is inviting problems like negative remarks in performance appraisal and subsequent disciplinary action as it is found fit by the top management rather than strengthening his demands. Being a manager, he will not get any protection under the ID Act or the certified Standing Orders of the company, if available and his conditions of service will be decided on the basis of his contract of employment with the employer. Therefore, if the management decides that his services shall be terminated after giving due notice, it will be maintainable. However, it should be remembered that he should be a manager in all respect with supervisory or managerial powers and should not be confined to a mere designation.

Courts have held that managers can form trade unions. In Government Tool Room and Training Centres Supervisory and Officers’ Association, Bangalore Vs Asst. Labour Commissioner & Deputy Registrar of Trade Unions, Bangalore [(2002) 2 LLJ 339 (Kar)], it was held that any group of employees irrespective of whether they are ‘workmen’ under Industrial Disputes Act or not can be registered as a trade union under Trade Union Act. "