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ashishks007
2

Dear All, As per statute is there any restriction on the number of office bearers in executive committee of a recognised union?
If yes, may please kindly specify relevant provision under the act. Any case law related to the same may please be iterated for easy reference.
Thanks

From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Sogemar
Ir Manager
Ashishks007
Deputy Manager - Hr

sogemar
9

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
v.harikrishnan
169

You are referring to a 'recognised trade union'. Is that trade union registered? If so under what law?
From India, Madras
ashishks007
2

Sir, The trade union is registered under the trade union act.
From India, Pune
v.harikrishnan
169

A trade union registered under the Trade Unions Act should have bye laws which would have been certified/approved by the Registrar of Trade Unions. This bye laws would specify the number of office bearers the trade union can have and their designation. The number of office bearers have to be in accordance with the provisions of the Trade Unions Act.
From India, Madras
ashishks007
2

Sir,
This is the exact question which i am looking for. The number of Office Bearers in the registered trade union have to be in accordance with Trade Union Act.
As i understand the no. has to be in accordance with 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 being valid ? Further can the management raise an ID if the no. is relatively very high. For eg. for employee strength of 1000, no. of unions 7 and the recog. union has nearly 100 office bearers for no. of votes in favour through secret ballot election is 500. (in nutshell 1 office bearer for every 10 employees)
Regards

From India, Pune
v.harikrishnan
169

Dear Mr.Ashish
Every amendment to the certified bye laws has to be again approved/cetified by the Registrar of Trade Unions. The management cannot raise any industrial dispute if the number of office bearers is relatively hig simply because the issue of 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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