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This is is regarding disqualification of office bearers
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2018-
Labours & Industrial Laws Assignment
I would like to express my deepest appreciation to all those who provided me the possibility to complete this project. A special gratitude I give to our teacher whose contribution in stimulating suggestions and encouragement helped me to coordinate my project especially in writing of this project.
Furthermore I would also like to acknowledge with much appreciation the crucial role of my teachers who gave the permission to use all required equipment and the necessary material to complete the project “DISQUALIFICATION OF OFFICE BEARERS”. I have to appreciate the guidance given by other teachers that has improved our presentation skills thanks to their comment and advices.
2018-
Labours & Industrial Laws Assignment
Section 21A(2) gives retrospective effect to the application of the aforesaid clause.
Rights And Priviledges Of A Registered Trade Union
Case Laws:
2018-
Labours & Industrial Laws Assignment
(Section 15)
a. Payment of salaries, allowances and expenses to office bearers. b. Payment of expenses for the administration of the trade union, including audit of the accounts of general funds. c. For prosecution or defence of any legal proceeding, where the union or any member is a party and such proceeding is undertaken for the purpose of securing or protecting any rights of the trade union or any rights arising out of the relations. d. Conduct of trade disputes on behalf of the union or any member thereof. e. For compensation to members for loss arising out of trade disputes. f. Allowance to members or their dependents on account of death, old age, sickness, accidents or unemployment. g. Issue of or the undertaking of liability under policies of assurance on the lives of the members, or under policies insuring members against sickness, accident or unemployment. h. The provision of educational, social or religious benefits for the members or for the dependents of the members. i. The upkeep of a periodical published. j. Payment for contribution to any cause intended to benefit workmen in general.
2018-
Labours & Industrial Laws Assignment
In the case of West India Steel Company Ltd. vs Azeez 1990 Kerala , a trade union leader obstructed work inside the factory for 5 hrs while protesting against the deputation of a workman to work another section. It was held that while in a factory, the worker must submit to the instructions given by his superiors. A trade union leader has no immunity against disobeying the orders. A trade union leader or any worker does not have any right by law to share managerial responsibilities. A trade union can espouse the cause of workers through legal ways but officials of a trade union cannot direct other workers individually or in general about how to do their work. They do not have the right to ask a worker to stop his work or otherwise obstruct the work of the establishment. An employer may deal with a person causing obstruction in work effectively.
In the case of P Mukundan and others vs Mohan Kandy Pavithran 1992 Kerala , it was held that strike per se is not an actionable wrong. Further, it was held that the trade union, its officers, and its members are immune against legal proceedings linked with the strike of workmen by the provisions of section 18. In the leading case of Rohtas Industries Staff Union vs State of Bihar AIR 1963 , it was held that employers do not have the right to claim damages against the employee participating in an illegal strike and thereby causing loss of production and business. In the case of Simpson & Group Companies Workers & Staff Union vs Amco Batteries Ltd 1992 Karn. , it was held that physical obstruction of movement of management officials, contractors, goods, or vehicles carrying raw materials, is not a trade union right or a fundamental right under art 19. Immunity under section 18 cannot be claimed for such activities. Right to picket is a very intangible right and it extends only up to the right of free movement of others. The methods of persuasion are limited to oral and visual and do not include physical obstruction of vehicles or persons.
2018-
Labours & Industrial Laws Assignment
Disqualifications of office-bearers of Trade Unions: (1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office bearer of a registered Trade Union if - (i) he has not attained the age of eighteen years, (ii) he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release. (2) Any member of the executive or other office-bearer of a registered Trade Union who, before the commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), has been convicted of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such commencement cease to be such member or office bearer unless a period of five years has elapsed since his Release before that date. (3) In its application to the State of Jammu and Kashmir, reference in sub-section (2) to the commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), shall be construed as reference to the commencement of this Act in the said State.
2018-
Labours & Industrial Laws Assignment
