Umakanthan53
Labour Law & Hr Consultant
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Legal Consultancy
Nathrao
Insolvency N Gst Professional
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We have a trade union in our hospital. They plan to conduct a gate meeting with the members of the union. Wanted to know whether :
1. Is it legal to hold gate meetings
2. Are they supposed to inform the management in writing prior to holding such meetings
3. what is the law on gate meetings.
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Gate meetings, as they are, are peaceful gathering of workmen before the entrance of the work premises in which the union office bearers address them regarding the issues relating to the demands/grievances of members or the activities of the trade union in tune with the contemporary socio-economic trends. Therefore, it can not be illegal as long as it is conducted peacefully without affecting the ingress and egress.
When it is preplanned, the union may inform the management.
Courts have divergent views on the right to hold gate meetings. The management can obtain injunction from Civil Court against holding of gate meetings within certain distance from the factory premises if it can affect the movement of men and materials.
To: Shri. Umakanthan M
Addl. Commissioner of Labour (RTD)
Dear Sir,
Thank you very much for clarifying my queries.
Regards,
Madhu Menon
And the TU needs to inform Civil police also about gate meeting>
Pl check with local police station about police rules in this connection about gatherings,use of loudspeakers etc.
The union can not hold any meeting without obtaining permission from the management, especially for Gate meeting it is absolute.
Dear Mr. Menon
There is no law as such governing gate meetings. If the union is there in the organisation and wants to address members, it normally holds such meetings. If the union as a part of courtesy even asks for permission, no company would grant permission. Therefore normally such meetings are held outside the compound. However it should be ensured that the ingress and egress of men and materials is not disturbed nor the right to way is obstructed by any such meeting. The employees are also not permitted to leave their work and attend these meetings.
So, as precaution, you can send a letter of information to the nearest Police station about the gate meeting if you have any apprehension of law and order being disturbed, so that situation can come under control
Dear All,
Thank you all for your valuable comments / suggestions.
Madhu Menon
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