If there is the serious charges on the trade union leader who is on post of president and general secretary can that person president or general secretary can be ask to vacat the seat of trade union leader ship on the ground of moral triptitude or on the goodwill and for the reputation of the union
Pls note that the leader facing session court trial on serious allegations but those was the previous case history and not the matter of any union or film industry but the case is under trial
Can that leader be asked to vacate the seat till the case is decided and conclusions come?
From India, Mumbai
Pls note that the leader facing session court trial on serious allegations but those was the previous case history and not the matter of any union or film industry but the case is under trial
Can that leader be asked to vacate the seat till the case is decided and conclusions come?
From India, Mumbai
The ability to ask a trade union leader (President or General Secretary) to vacate their position due to serious charges depends on multiple factors, including:
Union Constitution & Rules: Most trade unions have a constitution or bylaws that outline the grounds and process for removing or suspending a leader. If the union's rules include a clause on moral turpitude or reputation, it may allow for the leader to be asked to step down.
Legal Standing: If the leader has not been convicted and the case is still under trial, legally, they may not be required to step down unless the union’s rules explicitly demand it in such circumstances.
Union Members' Decision: The governing body or executive committee of the union may decide, based on ethical grounds or for the union’s reputation, to request the leader to step aside until the case is resolved.
Moral Turpitude Clause: If the charges involve serious moral or criminal misconduct, the union leadership or members may invoke a moral turpitude clause (if applicable) to ask for temporary resignation or suspension.
Goodwill & Reputation: Even if the union’s rules do not strictly mandate resignation, the leader could be asked to voluntarily step aside in the interest of the union’s goodwill and reputation.
Precedents & Practices: If there have been past instances where leaders stepped down or were asked to resign in similar situations, that could serve as a basis for action.
Possible Actions:
Request for Voluntary Resignation: The leader can be requested to step down temporarily.
Suspension Until Verdict: The union may pass a resolution to suspend the leader until the case concludes.
Vote of No Confidence: If the union rules permit, a no-confidence motion can be passed.
Ethical Appeal: The leader may be asked to step down for the sake of the union’s image.
Final Consideration:
If the charges are not related to union matters but are serious in nature, it may still impact the union's reputation. The union members and executive body should carefully weigh the legal, ethical, and reputational aspects before making a decision.
From India, Faridabad
7Union Constitution & Rules: Most trade unions have a constitution or bylaws that outline the grounds and process for removing or suspending a leader. If the union's rules include a clause on moral turpitude or reputation, it may allow for the leader to be asked to step down.
Legal Standing: If the leader has not been convicted and the case is still under trial, legally, they may not be required to step down unless the union’s rules explicitly demand it in such circumstances.
Union Members' Decision: The governing body or executive committee of the union may decide, based on ethical grounds or for the union’s reputation, to request the leader to step aside until the case is resolved.
Moral Turpitude Clause: If the charges involve serious moral or criminal misconduct, the union leadership or members may invoke a moral turpitude clause (if applicable) to ask for temporary resignation or suspension.
Goodwill & Reputation: Even if the union’s rules do not strictly mandate resignation, the leader could be asked to voluntarily step aside in the interest of the union’s goodwill and reputation.
Precedents & Practices: If there have been past instances where leaders stepped down or were asked to resign in similar situations, that could serve as a basis for action.
Possible Actions:
Request for Voluntary Resignation: The leader can be requested to step down temporarily.
Suspension Until Verdict: The union may pass a resolution to suspend the leader until the case concludes.
Vote of No Confidence: If the union rules permit, a no-confidence motion can be passed.
Ethical Appeal: The leader may be asked to step down for the sake of the union’s image.
Final Consideration:
If the charges are not related to union matters but are serious in nature, it may still impact the union's reputation. The union members and executive body should carefully weigh the legal, ethical, and reputational aspects before making a decision.
From India, Faridabad
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Legal Clarification on Termination for Criminal Case & PF Contribution Reduction.pdf