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Flag Hoisting by the Trade Union
Dear Members,
Does a registered union have the right to hoist the flag at the premises of an establishment where the workers are members of a trade union affiliated with a federation of unions? If so, under which enactment?
With Regards,
R.N.Khola
Please note that I have corrected the spellings, grammar, and formatting of your message while preserving the original meaning. Let me know if you need further assistance.
From India, Delhi
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422Flag Hoisting by the Trade Union
Dear Members,
Does a registered union have the right to hoist the flag at the premises of an establishment where the workers are members of a trade union affiliated with a federation of unions? If so, under which enactment?
With Regards,
R.N.Khola
Please note that I have corrected the spellings, grammar, and formatting of your message while preserving the original meaning. Let me know if you need further assistance.
From India, Delhi
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In this connection, I am attaching a copy of the Judgment of Hon'ble Kerala High Court which may be helpful to you to tackle the issue. The copy of the Judgment has been downloaded from WWW.judic.nic.in.
SK
From India, Delhi
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SK
From India, Delhi
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Dear Sk,
Thank you for your response. I have also reviewed the judgment that appeared in the September 2009 edition of Labour Law Reporter (2009 LLR 985). This judgment was highlighted by the newspaper 'The Hindu' dated 26.01.2009. I have also examined various labor enactments, but to the best of my knowledge, none of these enactments authorize trade unions to hoist their flag without the permission of the employer.
Thank you once again.
With Regards,
R.N.Khola
From India, Delhi
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Thank you for your response. I have also reviewed the judgment that appeared in the September 2009 edition of Labour Law Reporter (2009 LLR 985). This judgment was highlighted by the newspaper 'The Hindu' dated 26.01.2009. I have also examined various labor enactments, but to the best of my knowledge, none of these enactments authorize trade unions to hoist their flag without the permission of the employer.
Thank you once again.
With Regards,
R.N.Khola
From India, Delhi
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It will come under Article 19 (1) (c) of the Indian Constitution:
19. (1) All citizens shall have the right—
- (a) to freedom of speech and expression;
- (b) to assemble peaceably and without arms;
- (c) to form associations or unions;
- (d) to move freely throughout the territory of India.
Of course, within the factory premises, as decided by the Kerala High Court, the workers may not have the right, but outside the premises, it will be their right under Article 19.
Regards,
rajanlawfirm
Please see https://www.citehr.com/285737-legal-...-industry.html
From India, Madras
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19. (1) All citizens shall have the right—
- (a) to freedom of speech and expression;
- (b) to assemble peaceably and without arms;
- (c) to form associations or unions;
- (d) to move freely throughout the territory of India.
Of course, within the factory premises, as decided by the Kerala High Court, the workers may not have the right, but outside the premises, it will be their right under Article 19.
Regards,
rajanlawfirm
Please see https://www.citehr.com/285737-legal-...-industry.html
From India, Madras
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THE KERALA RECOGNITION OF TRADE UNION RULES, 2011.pdf