Can a trade union suspend its employee whose name is in the police chargesheet? On those grounds, workers can be suspended from the union?
From India, Mumbai
From India, Mumbai
Dear Mr.Dilip,
you question is very vague and needs clarity in it.
Reply based on my assumption:
Instance 1.
If an office bearer or a member of a registered TU, whose name is included in the charge sheet and as well as, in FIR for any criminal charges under IPC, in extending their support for their Union, by the way of participating in the public rally, hunger strike, stage demonstrations, human chain activities, intrusions if any organised by their union, the Union surely will not suspend them rather support them by engaging an advocate to bring them out from the case, and as well safeguard them from any punishment.
Instance 2.
If an office bearer or a member of a registered TU, whose name is included in the charge sheet and as well as, in FIR for any criminal charges under IPC, for any of his personal related accusations, irrespective of its fairness, the Union surely will not suspend them rather support them by engaging an advocate to bring them out from the case, and as well safeguard them from any punishment, based on any request raised by the member or depending upon the contributions made by the member or the position or title held by the member.
Instance 3.
If an office bearer or a member of a registered TU, whose name is included in the charge sheet and as well as, in FIR for any criminal charges under IPC, for any of the malpractices, or for any fraudulent activities, or for any fraudulent misrepresentations, misappropriation of funds includes embezzlement, fraud, insider trading, money laundering, tax fraud and other crimes, which seriously damages the brand image of the Union, which seriously affects the unions internal spirits among the other members and contravenes the ethical code of the union, the Union will surely will suspend them, and initiate necessary legal action too, irrespective of their contribution or position.
Instance 4:
If an office bearer or a member of a registered TU, whose name is included in the charge sheet and as well as, in FIR for any criminal charges under IPC, for any of the malpractices, or for any fraudulent activities, or for any fraudulent misrepresentations, misappropriation of funds includes embezzlement, fraud, insider trading, money laundering, tax fraud and other crimes, for which accusation is made by his employer for whom he works, then irrespective of its fairness, the Union surely will not suspend them rather support them by engaging an advocate to bring them out from the case, and as well safeguard them from any punishment, irrespective of their contribution or position.
From India, Madras
3you question is very vague and needs clarity in it.
Reply based on my assumption:
Instance 1.
If an office bearer or a member of a registered TU, whose name is included in the charge sheet and as well as, in FIR for any criminal charges under IPC, in extending their support for their Union, by the way of participating in the public rally, hunger strike, stage demonstrations, human chain activities, intrusions if any organised by their union, the Union surely will not suspend them rather support them by engaging an advocate to bring them out from the case, and as well safeguard them from any punishment.
Instance 2.
If an office bearer or a member of a registered TU, whose name is included in the charge sheet and as well as, in FIR for any criminal charges under IPC, for any of his personal related accusations, irrespective of its fairness, the Union surely will not suspend them rather support them by engaging an advocate to bring them out from the case, and as well safeguard them from any punishment, based on any request raised by the member or depending upon the contributions made by the member or the position or title held by the member.
Instance 3.
If an office bearer or a member of a registered TU, whose name is included in the charge sheet and as well as, in FIR for any criminal charges under IPC, for any of the malpractices, or for any fraudulent activities, or for any fraudulent misrepresentations, misappropriation of funds includes embezzlement, fraud, insider trading, money laundering, tax fraud and other crimes, which seriously damages the brand image of the Union, which seriously affects the unions internal spirits among the other members and contravenes the ethical code of the union, the Union will surely will suspend them, and initiate necessary legal action too, irrespective of their contribution or position.
Instance 4:
If an office bearer or a member of a registered TU, whose name is included in the charge sheet and as well as, in FIR for any criminal charges under IPC, for any of the malpractices, or for any fraudulent activities, or for any fraudulent misrepresentations, misappropriation of funds includes embezzlement, fraud, insider trading, money laundering, tax fraud and other crimes, for which accusation is made by his employer for whom he works, then irrespective of its fairness, the Union surely will not suspend them rather support them by engaging an advocate to bring them out from the case, and as well safeguard them from any punishment, irrespective of their contribution or position.
From India, Madras
A member of a trade union cannot be suspended from the union for being named in the police complaint. Such a person at best is only an accused and has not been held guilty. To suspend the person from the union, particularly at this instance where the person needs the union maximum, will be a serious blow to the member concerned. However, if the person has acted against the interests of the union or got involved in intra-union rivalry and took law into his hands, then the person concerned can be suspended from union for involving in anti-union activities, need not be for being named in the police charge sheet. Since the nature of the criminal act alleged is not mentioned, in case it was a private quarrel and the union was not involved, it is better to await the outcome of the matter.
From India, Mumbai
From India, Mumbai
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