Can a Non-Recognized Trade Union Challenge a Worker’s Suspension? What Should We Do?

Hi all,

Can the issue of suspension of a worker be espoused by a trade union other than the recognized trade union of the company? If we receive a letter in this regard from any other trade union mentioned above, are we bound to give the reply?

Dear Amit,

As far as the raising of issues is concerned, a trade union that is not even recognized by the industry can raise the issue before any authority, subject to an individual being a member of that union or associated with the union. This right to speak is our constitutional right. However, whether to reply or not is entirely at the discretion of the management. Ethically, if you are justified in suspension and have followed all the legal provisions, then you are free to reply to the queries raised, and one must do so. The rest depends on the situation and circumstances. Legally, you are not bound to reply to any trade union.

Anil Anand
Email: anand_anl@yahoo.com

Hello, Sir,

I do not think the management is bound to reply to any union for the suspension of a workman. Any workman who has been suspended is at fault, and a union, whether recognized or unrecognized, has no right to ask the management to explain the suspension. However, it depends on the circumstances and the atmosphere of the concern.

Legally, only the conciliation officer has the authority to ask for the suspension, and the union may approach the C.O.

Regards,
V.S. Yadav

What did you mean by "recognized union"?

Recognition and Registration are two separate matters.

Recognition can be under a law (like in Maharashtra, there is a law called the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act) OR recognition may be accorded by the employer.

If you are dealing with a statutorily recognized union and the employee in question is NOT a member of such a union, then included under the "Rights of Unrecognized Unions" under the same act, even an unrecognized union may represent its members in disciplinary actions.

Replying or not replying to a union is a different matter. Not replying to a union does not help you resolve any issue, as even after an action is taken, the aggrieved employee is empowered by the Industrial Disputes Act to approach the labor machinery of the state like conciliation and later adjudication under Sec. 2-A of the act when no union may sponsor his dispute!

In such matters, it is better to seek answers by providing all related facts of the case, or the advice you may receive may not be accurate!

Cheers!

Thank you for sharing your views. The union is recognized by the company for dealing with any labor issues. Anyway, I got the answer.

Warm regards,
Amit Kumar Vishwakarma