Honorary Member of the Union Forcing Management to Have a Meeting on Various Union Issues

Respected All,

Request your input on the below situation,

A brief about the case:

Our factory is located in Pune Chakan Industrial belt. A year ago, our internal union switched their affiliation from one union to another union. In addition to that, the union also appointed an honorary member of the new affiliated union who is the founder and president of the union. The same honorary member trespassed our facility with all union workers and shouted loudly at our senior leadership. For the same reason, we lodged a police complaint, and the matter is under sub judice. After a certain period of time, his affiliation was canceled by our internal union. However, the honorary member was claiming that the union body cannot remove him without having a meeting of the general body and kept claiming he is a member.

After the lockdown and economic crises, we had a series of meetings with our union committee and amicably settled and signed an interim agreement of wage deferment of the third wage installment by another year. However, some workers did not agree to this, and subsequently, due to the pressure of 60% of the workers, union leaders also turned back. Meanwhile, the union body got changed after the election, and all the members who were elected were in favor of the honorary member. Again, the same external union leader became an officially honorary member of the union and affiliated as well.

Now, the new union committee is requesting management to have a meeting with the honorary member and withdraw disciplinary action initiated against some of the workers. We have already informed the new union committee that we will not meet him and discuss any of the topics since this individual is notorious, and the company has already filed an FIR against him.

1. Can the Labor Department direct us to meet him since he is an honorary member of the union? (The honorary member will approach the labor department to seek permission.)
2. If the Labor Department gives permission to have a meeting, can we officially deny the labor department?
3. Can the legal machinery force any management to have the meeting?

Need expert guidance on this.

Best Regards, Santosh
**Location**: Mumbai, India
police complaint, labour department, disciplinary action, union leaders, Country-India, City-India-Mumbai

Legal Perspective on Meeting with Honorary Union Member

1. The Labor Department may not have the authority to direct a meeting between management and the honorary member solely based on his honorary status within the union. Labor laws typically do not mandate such interactions, especially if there are legal issues involved, such as the FIR filed against the honorary member.

2. If, by any chance, the Labor Department does give permission for a meeting, management can still exercise its discretion to deny the meeting request. It is crucial to prioritize the safety and security of all parties involved, especially considering the past behavior of the honorary member and the ongoing legal proceedings.

3. In general, legal machinery cannot force management to have a meeting, especially when there are valid reasons, such as security concerns or legal disputes, for refusing the interaction. Management should communicate clearly with the union committee about the reasons for declining the meeting and ensure that all actions are in compliance with labor laws and company policies.

It is recommended to consult with legal counsel familiar with labor laws in India to navigate this situation effectively and ensure that all decisions align with legal requirements and protect the interests of the company and its employees.