The union Honarary President is a outside man and he is working as Central Government Employee, whether he has right to negotiate with Management
and attend conciliation on behalf of the union.
Becasue he was a cetnral Gvoernment Employee without attending his
work he is invovling and leading strike, negotiating with management
and also participating in conciliation.
Is there any law that he can allowed or prohibited to perform as Honaray
President and carry out these acitivites.
regards.
Dan
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Section 36 of the Industrial Disputes Act, 1947 would also clarify that the outsider can be an office bearer. Moreover there is no prohobition in the Trade Unions Act,1926 for an outsider to be a member/office bearer of the Union. One must not forget that Dr. Datta samant headed the unions at Mumbai for many years and actively participated in the negotiation.
If the union is supporting, instigating any act whci could be described as unfair labour practice, process for cancellation of its registration/ recognition can always be initiated.
S.G.Zinjarde Adv.
Hi,
A registered trade union can have up to 25% of its office bearers as outsiders, i.e those who are not working in the industry. Accordingly, a person who is an outsider can be an office bearer.
However, if he is a Gorernment employee, he is obliged to take permission of his employer for engaging himself in the Union activities of other companies. In your case, if the Union leader is an employee working in the Government organisation, you can write to his employer and seek the clarification. You can also write to the organisation and inform that he is participating in the Union activities in your organisation, while he is supposed to be on duty at his own place of work. This is with a view to put some pressure on the organisation where he is working. However, if he is left free by his organisation, you have no other option but to deal with him as a Union Office bearer.
Cyril
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