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Rajinder Kumar (ऐसा)     29 August 2014

Complaint against dissolved union

CAN ONE SUBMIT WRITTEN COMPLAINT AGAINST DISSOLVED UNION/ELECTION COMMISSIONER IN THE OFFICE OF REGISTRAR AGAINST SOME IRREGULLARITIES?



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 6 Replies

Sudhir Kumar, Advocate (Advocate)     29 August 2014

please elaborate facts.

1 Like

Rajinder Kumar (ऐसा)     29 August 2014

1. we have one union in our office i.e. EPFO office. union has been dissolved last month. the time period of the union was upto January,14 but when they did not dissolve it in january then 2/3 members resigned from it by writing letters to administration to stop contribution from salary. Now these 2/3 members want to participate in election but neither officiating union is accepting their demand draft of accumulated contribution nor the election commission is acceting it. What can be done to participate in election of union? 2. Maximum of members have not filled up the membership cards since a long period like 10-15 years. Can a complaint be lodged in Registrar office regarding this to claim that union is illegal as members are not eligible for membership as they have not filled up the membership cards? 3. Even they (officiating General Secretary/ election commission) are not giving constitution copy to members and adamant to hold elections without the membership of these persons.

Dr J C Vashista (Advocate)     29 August 2014

What does the constitution/Memorendum of Association prescribe on  the issue, is required to be perused by a local lawyer/expert. However, union cannot be dissolved, it might be managing committee of the union which stood dissolved, please check. 

Genreally, yes, a  complaint can be submitted to the Registrar for all such irregularities. Besides this, issue legal notice to the President/secretary for copy of constitution, declaration of election of new managing committee and reply on the irregularities. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     31 August 2014

S complaint with the commissioner about the irregularities can be lodged. The members who have not renewed their membership for many years actually are not members hence they do not have voting rights in the election of the union. As rightly observed, the union cannot be dissolved, only the working committee can be dissolved as their tenure of posting expires or due to some other reason.
1 Like

Rajinder Kumar (ऐसा)     01 September 2014

Thanks to all for their contribution.

Dr J C Vashista (Advocate)     01 September 2014

You are most welcome

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