We have a registered trade union in which the election process is conducted every year. In 2017, some union bearers amended the provision of the election from 1 year to 3 years in our union Constitution using forged signatures of the members.
This change was challenged by some union members in the labor court. As part of a settlement between the union office bearers and the complainant union member, it was agreed that the union office bearers would withdraw the changes in the union Constitution and restore it back to its original state (1-year election process).
The union office bearers recorded this decision in the union register book in the presence of all office bearers and declared the election process. However, they have not followed the required procedure to formally amend the original Constitution to date.
The newly elected union body now claims that the Constitution mandates a 3-year term, and therefore they are refusing to hold an election.
What can be done in this matter?
Since the change in the union Constitution made in 2017 was illegal, how can the original Constitution be restored, and the election process initiated?
Validity of the union register book
What is the validity of the union register book in which the provision for a 3-year term was withdrawn and the 1-year election provision of the Constitution was restored?
From India, Ahmedabad
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This change was challenged by some union members in the labor court. As part of a settlement between the union office bearers and the complainant union member, it was agreed that the union office bearers would withdraw the changes in the union Constitution and restore it back to its original state (1-year election process).
The union office bearers recorded this decision in the union register book in the presence of all office bearers and declared the election process. However, they have not followed the required procedure to formally amend the original Constitution to date.
The newly elected union body now claims that the Constitution mandates a 3-year term, and therefore they are refusing to hold an election.
What can be done in this matter?
Since the change in the union Constitution made in 2017 was illegal, how can the original Constitution be restored, and the election process initiated?
Validity of the union register book
What is the validity of the union register book in which the provision for a 3-year term was withdrawn and the 1-year election provision of the Constitution was restored?
From India, Ahmedabad
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Consider State Rules Under the Trade Unions Act of 1926
Please check the State rules as per the Trade Unions Act of 1926. In a similar matter in Madhya Pradesh (MP), the Registrar of Trade Unions had issued an order setting aside the manipulation of office bearers of a trade union. You may consider that option, or else you may have to approach the Labour Court again.
From India, Mumbai
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1593Please check the State rules as per the Trade Unions Act of 1926. In a similar matter in Madhya Pradesh (MP), the Registrar of Trade Unions had issued an order setting aside the manipulation of office bearers of a trade union. You may consider that option, or else you may have to approach the Labour Court again.
From India, Mumbai
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THE KERALA RECOGNITION OF TRADE UNION RULES, 2011.pdf
Trade union.ppt
History Trade Union.doc