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The courts have also pointed out that holding multiple meetings for the same purpose (e.g., electing office bearers) does not confer automatic validity on any meeting unless recognized by the proper authority or court ["Vijay Kumar, S/o. Ram Chandra Rawat VS State of Jharkhand through Secretary, Department of Labour, Employment and Training - Jharkhand"], ["Uco Bank VS All India Uco Bank Officers Federation - Calcutta"].
Analysis and conclusion:
References:- ["P. Balasubramani VS Boiler Plant Employees Union/INTUC, Represented by its Working President Shri. R. Kalyanakumar (Staff No. 2212544), Bharat Heavy Electricals Limited, Tiruchirapalli - Madras"]- ["Uco Bank VS All India Uco Bank Officers Federation - Calcutta"]- ["Amalesh Kumar VS State of Jharkhand, through Secretary - Jharkhand"]- ["OIL AND NATURAL GAS COMMISSION WORKMENs Association, REPRESENTED BY SUNIT KUMAR Ghosh VS STATE OF WEST BENGAL - Calcutta"]- ["Vijay Kumar, S/o. Ram Chandra Rawat VS State of Jharkhand through Secretary, Department of Labour, Employment and Training - Jharkhand"]
In the dynamic world of trade unions, internal rivalries can lead to parallel leadership claims and conflicting actions. Imagine a scenario where two groups of office bearers, each asserting legitimacy, convene separate meetings for the same purpose—like electing new leaders or passing key resolutions. Chaos ensues: Which meeting holds water legally? When two rival office bearers of a trade union conduct two separate meetings for the same purpose, which meeting will be considered the valid one?
This question strikes at the heart of union governance under Indian labour law, particularly the Trade Unions Act, 1926. Generally, courts and registrars prioritize procedural compliance over factional strength. This blog post breaks down the legal principles, key cases, and practical guidance to help union members, leaders, and stakeholders navigate such disputes.
The validity of a trade union meeting typically hinges on strict adherence to the union's constitution, rules, and statutory requirements. Essential elements include:
As established in legal precedents, a meeting that fails these standards is deemed irregular or invalid, rendering its decisions non-binding. Bombay Union Of Journalists VS Hindu, Bombay - 1961 0 Supreme(SC) 327M. Jambunathan VS Southern India Cinematographers Association A Trade Union - 2016 0 Supreme(Mad) 3753
For instance, courts have held that a meeting must be properly convened with adequate notice and in accordance with the rules. Bombay Union Of Journalists VS Hindu, Bombay - 1961 0 Supreme(SC) 327 If adjourned, it requires lawful communication, and the follow-up must comply fully. In cases of rival meetings, only the one satisfying these criteria is recognized by the Registrar of Trade Unions or courts. M. Jambunathan VS Southern India Cinematographers Association A Trade Union - 2016 0 Supreme(Mad) 3753
Judicial scrutiny often reveals procedural lapses in one faction's meeting. Consider a historical judgment where a resolution from April 17, 1958, was invalidated: the court found the meeting was not convened according to the union’s rules, lacked proper notice, and the resolution was fabricated. Bombay Union Of Journalists VS Hindu, Bombay - 1961 0 Supreme(SC) 327
Similarly, in the Bombay Union of Journalists case, irregularities in notice and quorum doomed the meeting. The court stressed: the meeting must be convened following the prescribed procedure, including adequate notice, proper agenda, and valid quorum. Bombay Union Of Journalists VS Hindu, Bombay - 1961 0 Supreme(SC) 327
These principles extend to modern disputes. In rival faction battles, evidence of compliance becomes crucial. One case noted rival groups alleging irregularities in holding the meetings against each other, underscoring the need for proof. Amalesh Kumar And Anr vs Labour
The Registrar plays an administrative role but has limits. Under Sections 8 and 28 of the Trade Unions Act, the Registrar can conduct a summary inquiry to update records when rival groups file separate returns. However, the Registrar has no power to hold a quasi-judicial inquiry. O. N. G. C. Workmens Asscn VS STATE OF WEST BENGAL - 1987 Supreme(Cal) 312
Courts affirm: In a dispute between two rival factions claiming to be the office bearers of a union, it is open to the Registrar under the Trade Union Act to hold an enquiry for the purpose of maintaining and updating the register as required to be maintained under section 8 of the Act. His decision... shall neither confer any right on any person... nor divest any person... of any lawful rights. Pub Mangal Dai, Be-Sarkari Paribahan Shramik Sangtha Darrang VS State of Assam - 2018 Supreme(Gau) 1672
Jurisdiction matters too. The government cannot overturn Registrar decisions on internal disputes; such issues often require civil suits. In one ruling, disputes between rival factions of a Trade Union regarding management should be resolved through a civil suit, not by the Government or the Registrar. KERALA STATE CONSTRUCTION WORKERS CONGRESS (INDIAN NATIONAL TRADE UNION CONGRESS-INTUC vs STATE OF KERALA - 2013 Supreme(Online)(KER) 8804
Writ courts may decline intervention if unions don't perform public functions. A petition over a general council meeting and elections was deemed non-maintainable, as the dispute pertained to the conduct of a general council meeting and the election of officer bearers of the Trade Union, which did not discharge public duties. M. Umapathy VS Joint Commissioner of Labour-I, (Registrar of Trade Union), Chennai - 2020 Supreme(Mad) 1871
While strict compliance rules, exceptions may apply:
Related issues include office bearer eligibility. Section 22 requires most bearers to be actively engaged in the industry, but this doesn't directly impact meeting validity. All India Bank of Maharashtra, Employees Federation, (Through its General Secretary, Devidas S/o. Ramchandra Tuljapurkar) VS Bank of Maharashtra, (A Government of India Undertaking), Through its Managing Director - 2024 Supreme(Bom) 815
Intra-union rivalries can escalate, as seen in cases blocking elections or causing work stoppages. Management of Brakes India Ltd. VS Presiding Officer, I-Additional Labour Court - 2019 Supreme(Mad) 3102
To avoid invalidation:
Union members should verify bearer legitimacy via registered changes, noting Registrar inquiries don't confer rights. VIJAY KUMAR vs THE STATE OF JHARKHAND THROUGH SECRETARY DEPARTMENT OF LABOUR
This post provides general insights based on precedents and is not legal advice. Consult a labour law expert for specific cases.
In conclusion, amid rival trade union meetings, procedural purity determines legitimacy. By upholding constitutional and statutory standards, unions ensure stability and legal recognition. Stay informed, comply diligently, and foster fair governance.
#TradeUnionLaw, #RivalUnionMeetings, #LabourDisputes
However, vide letter dated 12.05.2022 he communicated that he had issued only an advisory letter on 18.02.2022 to both the factions and that he does not have power or jurisdiction and pass orders as to which of the rival groups of office bearers of the Trade Union is holding majority and that the same ... The Trade Union by name Bioler Plant Employees Union/INTUC, represented by the President, Mr.R.Kalyanakumar (the writ petitioner), secured 579 vote....
conditions on the conduct of any trade or business and includes any federation of two or more Trade Unions. ... in its meeting held on 3rd November, 2017 to allow only serving officers who are duly elected office-bearers of the Majority Officers' Association in meetings/ discussions/ negotiations. ... Sub-Section 2 of Section 22 reads as under: '(2) Save as otherwise provided in sub-section (1), all office-bearers....
Singh (Supra.) that if there is a dispute as to who are the elected office bearers of a particular union, the Registrar, Trade Union has no jurisdiction to determine as to which of the rival groups of the office bearers is the real one. ... ordered in the pursuance of claim/counter claim made by two rival factions of the trade union alleging irregularities in ho....
Trade Unions and therefore it is not open for the Registrar to decide the dispute between the rival office bearers of the Trade Union under Section 28 of the Act. ... It is also contended that subsequently the office bearers who were elected in the meeting held on 14.03.2012 had conducted several meetings and other Trade Union activities which were not opposed by the either side ....
office bearers is the real one. ... rival factions of the union. ... rival factions of the Union. ... rival factions of the trade union alleging irregularities in holding the meetings against each other. ... is the real one.
On an examination and analysis of the Patna decision Mukund Ram Tanti case (vide supra), the Allahabad, Andhra and Madras decisions, I come to the following conclusions: (i) In a dispute between two rival factions claiming to be the office-bearers of a trade union, it is open to ... office bearers. ... The meeting held on 01.05.2019 was attended by 136 members of Union and new office bea....
bearers of the Central Executive Committee of the trade union from two years to three years as per the amended the office bearers of the plaintiffs-trade union as illegal and this of the plaintiffs-trade union. ... bearers. ... Pradhan, the General Secretary to several meetings as the representative of the plaintiffs-trade union wit....
Proportion of office-bearers to be connected with the industry.—(1) Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unrecognised sector shall be persons actually engaged or employed in an industry with which the Trade Union is connected: p align ... (2) Save as otherwise provided in sub-section (1), all office- bearers of a registered #HL_STA....
Two rival groups sending separate returns, Registrar's duties and functions in such case, whether he should conduct an inquiry and whether such inquiry, to be summary or elaborate and whether he discharges quasi-judicial function. ... Trade Union Regulations mentioning different sets of office bearers are filed by the rival groups in a trade union, the Registrar has no power to hold a quasi-judici....
rival factions claiming to be the office-bearers of a trade union, it is open to the Registrar to office bearers and executive committee members were elected. ... Union has refused to register the name of the petitioner and his group as Office Bearers and Executive names of petitioner and his associates as Office Bearers and Executive p style="position:absolute;white-....
We are also informed that one of the members of the Trade Union has filed a suit, O.S. No.1833 of 2020, before the City Civil Court at Chennai. In this case, the dispute pertains to the conduct of a general council meeting and the election of officer bearers of the Trade Union. There is no doubt at all that the All India Overseas Bank Employees' Union is not discharging public duties or functions.
Thereafter, intra Union rivalry intensified between these two group of office bearers. The writ petitioner-Company states that the second respondent-workman along with two other office bearers of Brakes India Employees Union, P. Selvaraj and P.V. Madhavan, challenged the leadership of S.M. Narayanan and prevented him from conducting Union Elections during April 1977. This was intensified as a stay in strike from 13.07.1977 to 13.08.1977. As a consequence, the second respondent, P. Selvaraj and P.V. Madhavan with a view to upstage Mr. S.M. Narayanan and Mr. N. Devarajan, ins....
Accordingly, by following the ratio laid down in the case of Steel Workers' Union (supra) this Court is inclined to observe as follows: (i) In a dispute between two rival factions claiming to be the office bearers of a union, it is open to the Registrar under the Trade Union Act to hold an enquiry for the purpose of maintaining and updating the register as required to be maintained under section 8 of the Act. His decision in this regard shall neither confer any right on any person or group of persons nor divest any person or group of person of any lawful rights.
Save as otherwise provided, all office bearers of a registered trade union, except not more than one third of the total number of the office bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the trade union is connected. It is to be noted that these provisions reflect either on the requirements for registration of a union or its continued existence as a registered union under the Trade Unions Act. Subsection (1) of Section 22 provides that not less than one-half of the total number of the office bea....
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