Madhu.T.K
Industrial Relations And Labour Laws
Skbp79
Mechanical Engineering
Uthiramoorthy
Hr, Generalist
+2 Others

Thread Started by #Uthiramoorthy

Hi experts, A non-unionised ( Management ) staff wants to became a member in existing trade union. how to legally manage these kind problems? Rgds., Uthiramoorthy H
26th March 2012 From India, Madras
Dear Mr.Uthiramoorthy
The term "non-unionised staff" is a misnomer. The Constitution of India gives to every Indian citizen the fundamental right to form associations subject of course to the restrictions imposed by the Constitution itself. So there cannot be any legal way to manage this situation. If the bye-laws of the Union which the management staff wants to join permits him to become a member of the Union, then he can become a member of the Union.
With regards
26th March 2012 From India, Madras
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.

Regards,

Madhu.T.K
26th March 2012 From India, Kannur
Dear Guruji, If a group of employees of a company want to make a society with registry under society registration act-1860, is it legal under company policy? if yes what should be the guideline for them?
Regards
Surya Kumar
2nd May 2012 From India, Calcutta
Employees can form a society for the betterment of their lives, no problem. Normally such societies will function independently with a bye law. However, such societies do not have right to take part in the discussions with the Management.
Madhu.T.K
2nd May 2012 From India, Kannur
Before society registration is it compulsory for an employee to take permission from Management? surjya kumar
3rd May 2012 From India, Calcutta
Please go through the Cooperative Rules or contact the Cooperative Inspector of the area Madhu.T.K
9th May 2012 From India, Kannur
Dear Sir,
Can I get case law / Judgment copy of 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)],
My mail ID is
I need it on urgent basis please send to me at the earliest
Regards,
JVRao009......
24th September 2015 From India, Visakhapatnam
Please find the attachment. Regards, Madhu.T.K
26th September 2015 From India, Kannur

Attached Files
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File Type: pdf Officers right to form Trade Union-Tool Room case.PDF (130.6 KB, 521 views)

#Anonymous
Hi, Our Union structure is craft based (meaning separate Unions for skilled,semi-skilled and skilled). Can an employee of skilled category be an office bearer of unskilled category?
28th February 2018 From India, Nellore
Permanent and Contract workmen can be a member of one single unioun Registration number ?
Regards
R K Dixit
30th April 2018 From India, New Delhi
There may not be any issue if contract labour become members of a union in which on roll workers are also members. But when a negotiation takes place, the regular workers cannot be represented for discussing issues of contract labour.
1st May 2018 From India, Kannur
In our industry there are 50 permanent workmen and about 78 contract workmen , Recently Trase union has been registered in which 2 outsiders , 5 permanent workmen and 3 contract workmen are made office bearers . All other remaining permanent or contract workmen are general members
We seek your opinion on the point as to whether the management is bound to recognize the said union ? How can we disown or challenge such trade union?
Regards
R.K.Dixit
10th May 2018 From India, New Delhi
Whether maintenance department workers can be office bearers of the Union? Maintenance department comes under essential service, so maintenance workers are not to be included in the Union office bearers list. Is it correct? Need clarification on this please.
11th February 2019 From India, Pondicherry
Trade Union is not a means to raise a dispute. If your objective of forming a union is to get more bargaining power then the good objective of trade union,ie, betterment of industrial relations, will be defeated. at the same time, Trade Union Act does not restrict its membership to a certain kind of workers only.That is why there are Unions of Officers/managers.
14th February 2019 From India, Kannur
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