I m working with one of the pharmaceutical Company; here we have Union of "Akhil Bhartiya Chhava Sangh"; at the time of formation of the union the union had only 7 employees. after formation of the union in few months one of the Union employee had died. all employees are on the company roll (permanent employees); now the situation is only 6 are there.. so, my question is, IS THIS UNION VALID? because as per trade union Act, 1926 Union should have minimum 7 people... so, please clear my doubt.
From India, Mumbai
From India, Mumbai
What is the total number of employees in the Company at the time the Union was registered? Is your Union a unit of the Union referred to in your post? What is the date of registration of the Union?
From India, Madras
169From India, Madras
Section 9-A of the Trade Union Act says that a registered Trade Union should always maintain the minimum number of members like 10% of the workmen or 100 workers whichever is less, subject to a minimum of seven persons who are employees of the establishment. That means if the number falls down to six, the registration will be cancelled. Section 10 (c) says that registration will be cancelled if the trade union ceases to have requisite number of members. That means the trade union in your establishment will cease to exist.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
To Madhu, What documents to be done from H.R. to union secretory to show the union that said union has less then 7 members hence, unrecognised.
From India, Ahmadabad
From India, Ahmadabad
Trade Union recognition and registration are two different things. Registration is granted and withdrawn by the Registrar of Trade Union and it has nothing to do with the employer. Therefore, if registration of trade union has to be cancelled, the company can only inform the Registrar and the rest should be taken by the latter. For informing the fall in the number of members, there is no format used.
I hope Shri. Harikrishnan shall be able to give more practical inputs in this matter.
Regards,
Madhu.T.k
From India, Kannur
I hope Shri. Harikrishnan shall be able to give more practical inputs in this matter.
Regards,
Madhu.T.k
From India, Kannur
Dear Seniors
I am working in FMCG Sector. One of local ploitical leader is disturbing us through RTI Act, he is asking no. of questions to all government department against our organisation like PF, ESI, Factory Inspector, Polution department, DLC, etc. He has some personal interest for disturbing us. What should we do against that political leader.
Please give sugesstion.
Pooja
From India, Jamshedpur
I am working in FMCG Sector. One of local ploitical leader is disturbing us through RTI Act, he is asking no. of questions to all government department against our organisation like PF, ESI, Factory Inspector, Polution department, DLC, etc. He has some personal interest for disturbing us. What should we do against that political leader.
Please give sugesstion.
Pooja
From India, Jamshedpur
Who will inform (employer or TU office bearers) to registrar of TU that members fell down to 6.
What registrar of TU will do, how he will inform to employer & TU office beare that their union is cancelled.
For avoiding cancellation, if union member wanted to appoint 7th member, which actions they have to initiate.
Suppose 7th member is not recognized by the management what would be the repurcussions.
Please guide.
From India, Pondicherry
What registrar of TU will do, how he will inform to employer & TU office beare that their union is cancelled.
For avoiding cancellation, if union member wanted to appoint 7th member, which actions they have to initiate.
Suppose 7th member is not recognized by the management what would be the repurcussions.
Please guide.
From India, Pondicherry
Sec.10 of the Trade unions Act 1929 lays down the circumsrtances under which the registrar can cancell the registration of teh trade union.
1) he can cancel the registration on the application of the tarde union or
2)If the certificate of registration is obtained by fraud or mistake;or
3) If the trade union ceased to exist; or
4) If it contravened any provisions of the Act. or
5) If the trade union ceases to have requisite number of memebers.
In all the above circumstances, all but the last (no.5) will be relevant in your case. The question is whether the "requisite number of workmen" means the "seven members" required for making an application for registration or the minimum 10% or 100 workmen which a trade union should have as it's members as per sec.9-A of the Act. In my view, the requisite number of workmen refers to the stipulation of "10% or 100 workmen" which a trade union is required to maintain at "all times" as required under Sec.9-A of the Act. The emphasis is on the word "all times" mentioned under Sec.9-A. Thus a trade union at any point of time should have the aforesiad stipilated minimum (10% or 100 workmen) as it's memebers. Further the minimum seven memebers are required only to make an application for registration as per sec.4 of the Act.The word "all times" is not used with reference to this number of "seven workmen" who are required to make an application for registration. In my view , therefore if once a trade union was registered, if one of the seven men subsequently ceased to be member of the union eithr on account of death or resignation or otherwise, it does not render the registration in valid so long as the minimum10% or 100 workmen whichever is less continue to be the members of the union.
This is purely my interpretation.
B.Saikumar
HR & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
1) he can cancel the registration on the application of the tarde union or
2)If the certificate of registration is obtained by fraud or mistake;or
3) If the trade union ceased to exist; or
4) If it contravened any provisions of the Act. or
5) If the trade union ceases to have requisite number of memebers.
In all the above circumstances, all but the last (no.5) will be relevant in your case. The question is whether the "requisite number of workmen" means the "seven members" required for making an application for registration or the minimum 10% or 100 workmen which a trade union should have as it's members as per sec.9-A of the Act. In my view, the requisite number of workmen refers to the stipulation of "10% or 100 workmen" which a trade union is required to maintain at "all times" as required under Sec.9-A of the Act. The emphasis is on the word "all times" mentioned under Sec.9-A. Thus a trade union at any point of time should have the aforesiad stipilated minimum (10% or 100 workmen) as it's memebers. Further the minimum seven memebers are required only to make an application for registration as per sec.4 of the Act.The word "all times" is not used with reference to this number of "seven workmen" who are required to make an application for registration. In my view , therefore if once a trade union was registered, if one of the seven men subsequently ceased to be member of the union eithr on account of death or resignation or otherwise, it does not render the registration in valid so long as the minimum10% or 100 workmen whichever is less continue to be the members of the union.
This is purely my interpretation.
B.Saikumar
HR & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
No more comments but section 10 (c) may be interpreted correctly. It refers to cancellation of "registration" and as such the question of everlasting registration is not there like that of ESI or EPF coverage.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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