Dear All,
As per statute, is there any restriction on the number of office bearers in the executive committee of a recognized union? If yes, may you please kindly specify the relevant provision under the act? Any case law related to the same may please be iterated for easy reference.
Thanks
From India, Pune
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2As per statute, is there any restriction on the number of office bearers in the executive committee of a recognized union? If yes, may you please kindly specify the relevant provision under the act? Any case law related to the same may please be iterated for easy reference.
Thanks
From India, Pune
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I would recommend you read the Trade Union Bare Act and also glean through the high court and supreme court settled cases related to your situation.
From India, Mumbai
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From India, Mumbai
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You are referring to a 'recognised trade union'. Is that trade union registered? If so under what law?
From India, Madras
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From India, Madras
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Sir, The trade union is registered under the trade union act.
From India, Pune
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From India, Pune
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A trade union registered under the Trade Unions Act should have by-laws which would have been certified/approved by the Registrar of Trade Unions. These by-laws would specify the number of office bearers the trade union can have and their designation. The number of office bearers has to be in accordance with the provisions of the Trade Unions Act.
From India, Madras
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From India, Madras
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Sir,
This is the exact question that I am looking for. The number of Office Bearers in the registered trade union has to be in accordance with the Trade Union Act. As I understand, the number has to be in accordance with the Bye-laws, which can be amended anytime easily. But, is it mandatory for the amended bye-laws to be certified by the Registrar of the trade union for validity? Further, can the management raise an issue if the number is relatively very high? For example, for an employee strength of 1000, the number of unions is 7, and the recognized union has nearly 100 office bearers for the number of votes in favor through secret ballot election is 500. (in a nutshell 1 office bearer for every 10 employees)
Regards
From India, Pune
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This is the exact question that I am looking for. The number of Office Bearers in the registered trade union has to be in accordance with the Trade Union Act. As I understand, the number has to be in accordance with the Bye-laws, which can be amended anytime easily. But, is it mandatory for the amended bye-laws to be certified by the Registrar of the trade union for validity? Further, can the management raise an issue if the number is relatively very high? For example, for an employee strength of 1000, the number of unions is 7, and the recognized union has nearly 100 office bearers for the number of votes in favor through secret ballot election is 500. (in a nutshell 1 office bearer for every 10 employees)
Regards
From India, Pune
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Dear Mr. Ashish,
Every amendment to the certified bylaws has to be approved/certified again by the Registrar of Trade Unions. The management cannot raise any industrial dispute if the number of office bearers is relatively high simply because the issue of the number of office bearers of a trade union cannot be the subject matter of an industrial dispute and is not an industrial dispute as defined under the Industrial Disputes Act.
Regards
From India, Madras
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Every amendment to the certified bylaws has to be approved/certified again by the Registrar of Trade Unions. The management cannot raise any industrial dispute if the number of office bearers is relatively high simply because the issue of the number of office bearers of a trade union cannot be the subject matter of an industrial dispute and is not an industrial dispute as defined under the Industrial Disputes Act.
Regards
From India, Madras
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