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Trade Union

Querist : Anonymous (Querist) 09 May 2011 This query is : Resolved 

Dear Sir,

We have a trade union called united Employees Union and it is recognized under Trade Union Act. It has its own building and in the first floor the union has its office and the 1st floor is occupied by the President and founder of the union. The union office is constructed with the funds collected from the union members. Suddenly the union president expired. the next movement there was a split in the union. One side of the union led by its General secretary says it is the original union and the other side led by family of the ex-president says he is the correct one. Both are having the same name as united employees union and disputing every day.

There are two questions that should be cleared.
1) Who will be the successors of the union.
2) Can any one go to labour court on this dispute?
3) Can they file a civil case for whom to be recognized as successors and can they file a case in civil case regarding the union office building occupation.
4) Where should be this dispute be settled?

Please guide me regarding this dispute and give me some case laws to support this case.
Regards,

Ganesh Kumar.V.V


R.Ramachandran (Expert) 10 May 2011
Please indicate what is the constitutional provisions of your Union. Whom (which workers) does the Union represent?
Without these basic particulars, it is not possible to give any view on the query.


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