Thread Started by #Laishram Gianizail Singh

Dear All,
One of our staff who is holding the position of General Secretary in Officers and Supervisor Association got superannuated or retired recently. However he/she is still claiming that he/she is the General Secretary of the said association and came to the office on regular basis in-spite of multiple objection by our HR-Manager. He/ She is threatening that he will take legal action against the company. So my question is that is there any obligation/rules/act that a retired person can continue the position of general secretary after his retirement or superannuated in a Public Sector Enterprise ? If yes then please let me know the same.
Thanking you
Regards,
Laishram Gianizail Singh
11th June 2019 From India, Kolkata
Hi Laishram,
The relevant provisions of Trade Union act is extracted here for your guidances -
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THE TRADE UNIONS ACT, 1926
ACT NO. 16 OF 1926*1
[25th March, 1926.] 6.
Provisions to be contained in the rules of a Trade Union.
6. Provisions to be contained in the rules of a Trade Union.-
A
Trade Union shall not be entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provide for the following matters, namely:--
(a) the name of the Trade Union;
(b) the whole of the objects for which the Trade Union has been established;
(c) the whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes shall be purposes to which such funds are
lawfully applicable under this Act;
(d) the maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the 1*[office-bearers] and members of the
Trade Union;
(e) the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected, and also the admission of
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1. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965).
55
the number of honorary or temporary members as 1*[office-bearers] required under section 22 to form the executive of the Trade Union;
2*[(ee) the payment of a subscription by members of the Trade Union which shall be not less than twenty-five naye paise per month per member ;]
(f) the conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on the members;
(g) the manner in which the rules shall be amended, varied or rescinded;
(h) the manner in which the members of the executive and the other 1*[office-bearers] of the Trade Union shall be appointed and removed;
(i) the safe custody of the funds of the Trade Union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the xxxx
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CHAPTER III
RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS
21A.
Disqualifications of office-bearers of Trade Unions.
3*[21A. Disqualifications of office-bearers of Trade Unions.- (1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union if--
(i) he has not attained the age of eighteen years,
(ii) he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed
since his release.
(2) Any member of the executive or other office-bearer of a registered Trade Union who, before the commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), has been convicted of any offence involving moral turpitude and sentenced to
11 imprisonment, shall on the date of such commencement cease to be such member or office-bearer unless a period of five years has elapsed since his release before that date.]
12th June 2019 From India, Bangalore
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