We have registered trade union in which election process conducts every years.
In 2017, some union bearer had amended provision of election from 1 year to 3 year of our union Constitution using forged signature of the members.
It was challenged by some union members in labour court and therefore as a part of settlement between union office bearer and complainant union member that union office bearer will withdraw change in union Constitution and restore as it is (1 year election process).
Union office bearer took this in union register book in presence of all office bearer and declared election process but not amended original Constitution by following required procedure till date.
Now newly elected union body claims that Constitution is 3 years so we will not provide election.
What we can do in this matter as change in union Constitution made in year 2017 was illegal.
How to get original Constitution back and go for election process
What is the validity of union register book in which they had withdraw provision of 3 year and restored 1 year election provision of Constitution
From India, Ahmedabad
In 2017, some union bearer had amended provision of election from 1 year to 3 year of our union Constitution using forged signature of the members.
It was challenged by some union members in labour court and therefore as a part of settlement between union office bearer and complainant union member that union office bearer will withdraw change in union Constitution and restore as it is (1 year election process).
Union office bearer took this in union register book in presence of all office bearer and declared election process but not amended original Constitution by following required procedure till date.
Now newly elected union body claims that Constitution is 3 years so we will not provide election.
What we can do in this matter as change in union Constitution made in year 2017 was illegal.
How to get original Constitution back and go for election process
What is the validity of union register book in which they had withdraw provision of 3 year and restored 1 year election provision of Constitution
From India, Ahmedabad
Pl check the State Rules as per the Trade Unions Act 1926. In a similar matter in MP, the Registrar of Trade Unions had issued order setting aside the manipulation of office bearers of a trade union. So you may try that option, or else you may have to approach the Labour Court again.
From India, Mumbai
1422From India, Mumbai
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THE KERALA RECOGNITION OF TRADE UNION RULES, 2011.pdf
Trade union.ppt
History Trade Union.doc