Umakanthan53
Labour Law & Hr Consultant
Masterguna
Presently In Assam
+1 Other

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Dear Seniors,
Please help and advise me on it - In my organisation, 23 executive members has resigned the membership from total strength of 27 executives members of the workers union. Also, out of 650 general members of earlier union, 625 has resigned and form a new union. Now, the earlier union (Registered Trade Union) is unable to keep the minimum strength of 10% of total workmen which is required to form a union. The new union submitted a petition to the management that to dissolve the earlier union immediately as they are not carrying minimum standard of forming union. So, can management dissolve the earlier union as they are only with 4 % of their members and rest joined new union which is under process of their registration and applied to Labour Commissioner office for registration. The management also has given the recognition to the new union and initiated to the competent authority accordingly. Now, can management ask the earlier union in written to vacate the office (management property) which was occupied by them and to handover it to the new union! Please help me on this. Your necessary advise and support will help me a lot in this regard. Thanking you.

Dear Guna,
Please bear in mind that the employer has no role in the affairs of a Trade Union, whether it is registered or unregistered, right from its formation, registration or dissolution under the Trade Unions Act, 1926.
Please, refer to section 27 of the TU Act, 1926. I don't think that when the membership of a registered TU falls below 10% subsequent to its registration, it is a valid reason for its automatic dissolution for the simple reason it will lose its representative character vis a vis other unions in the industry.

Dear,
27. Dissolution.—
(1) When a registered Trade Union is dissolved, notice of the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution be sent to the Registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the Trade Union, and the dissolution shall have effect from the date of such registration.
(2) Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union do not provide for the distribution of funds of the Trade Union on dissolution, the Registrar shall divide the funds amongst the members in such manner as may be prescribed.
sunil srivastava

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