Can a Suspended Employee Elected as Union Leader Attend Management Talks?

Dear Seniors, kindly suggest... One of the employees is suspended. In due course, the union election has taken place, and he has been elected to a key position as an office bearer. In this situation, can he attend the talks between the management? Please advise.

Thank you.

Yes, because in some unions, the President, working president, etc., who are office bearers of the union, can be outsiders, and the management allows them to participate in talks.

The employee whom the management has suspended is still on your rolls. You will be paying him a subsistence allowance. Once the domestic enquiry starts, you have to allow him to take part in the enquiry. The employee is under suspension but not terminated. Even if terminated, if the unionized workers elected him as an office bearer, then it is mandatory to allow him to participate in talks.

Regards,
Kamesh

Yes, I agree with Kamesh. In this condition, there is no end to the employee-employer relationship until the employee is in service through the termination processes after the findings of the enquiry. Also, if he is an elected member by the union members, then he has an absolute right to participate in dialogues with management, even though he is in a suspension stage.

So, you need to allow him for talks.

Regards,
Atul S Malve
Manager - HR & Admin

Mr. Kamesh's opinion is correct. It is important to note that the executive members of the union, regardless of the name by which they are known, are protected under Section 33 of the Industrial Disputes Act, 1947, and are recognized as Protected Workmen. These workmen have the right to participate in negotiations with the management.

Regards,
V R RAO PULIPAKA
[Phone Number Removed For Privacy Reasons]

According to Section 33(4) of the Industrial Disputes Act, any "workman of the establishment" can be a "protected workman." He need not be an office bearer or executive member of the Union. All executive members of the Union functioning in the establishment do not become "protected workmen" automatically. There is a procedure for recognizing the "workmen of the establishment" as "protected workmen" for the purposes of Section 33 of the Industrial Disputes Act. This procedure has to be prescribed by the "appropriate Government" as is stated in Section 33(4) of the Industrial Disputes Act. This procedure is prescribed in the Rules under the Industrial Disputes Act framed by the appropriate Government by virtue of the powers conferred on it by Section 38 of the Industrial Disputes Act.

Regards