Can Management Dissolve a Union and Reclaim Office Space When Membership Drops Below 10%?

Dear Seniors, please help and advise me on this matter. In my organization, 23 executive members have resigned from the total strength of 27 executive members of the workers' union. Additionally, out of the 650 general members of the previous union, 625 have resigned to form a new union. Consequently, the earlier union (Registered Trade Union) is unable to maintain the minimum strength of 10% of the total workmen required to form a union.

Petition for Dissolution of the Earlier Union

The new union has submitted a petition to the management requesting the immediate dissolution of the earlier union due to its failure to meet the minimum standard for forming a union. Can the management dissolve the earlier union since it now only comprises 4% of its original members, with the majority having joined the new union, which is currently in the process of registration with the Labour Commissioner's office? The management has already recognized the new union and has taken steps with the competent authority accordingly.

Request to Vacate Office Premises

Now, can the management request the earlier union in writing to vacate the office (management property) that they currently occupy and hand it over to the new union? Your assistance and guidance on this matter would be greatly appreciated. Thank 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.

Dissolution of a Registered Trade Union

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. It shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the Trade Union. 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.

Regards, Sunil Srivastava