Trade union elections

arunpal singh behal (Querist) 27 February 2014 This query is : Resolved
I am the president of Visaka industries kaamgaar sanghatan a registered trade union having 392 members. Our 3 years term expired on 29/12/2013 . Our union constitution states that we have to take a general body meeting in the month of January/February and if in that meeting the 9 office bearers don't get elected unanimously than vote by secret ballot is to be taken . But as our term was over on 27/12/2014 we decided to hold the meeting earlier than January and hence put a notice on 23/12/2013 to hold the meeting on 9/01/2014 . Some of the members did not let the meeting to be hold by making noises n tearing the union register . We gave 9 members show cause notice for disturbing the meeting and expelled 9 members . We than gave a notice of general body meeting on 26/01/2014 as it is mandatory to give a 15 days notice for general body meeting and hold the meeting on 09/02/2014 . In that meeting attended by 156 members I got elected unanimously as president and it was decided to hold the elections for other 8 office beards .hence election notice was given on 14/02/2014 and elections were held on 23/02 2014 and out of 392 members 202 polled our 8 office bearers got elected by getting 187 votes .
Meantime the other group gave us a notice that as we were not organising a general body meeting so they were holding a meeting on 05/02/2014 although it is mandatory as per unions constitution that members can hold meeting only after givin a 20 days notice to the union and if the union does not holds the meeting only than they can hold the meeting and it's also mandatory that a 15 days notice is given to members for general body meeting . They gave a notice to us on 18/01/2014 and hold the meeting on 05/02/2014 and put election notice on 15/02/2014 and hold the elections on 21/02/2014 and declared that they polled 192 votes and their winning candidates got 145 votes .
I want to know the legal status of our elections and does our expulsion of 9 members for anti union activities legally correct?

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Guest (Expert) 27 February 2014
The incident can be taken as a start of a serious trade union dispute between two rival groups likely to run for a very long time.

However, about expulsion of members, the question arises whether the expelled members were executive members or general members and also whether the executive body is empowered by the union's constitution to expel the members or not?

In fact, even the executive body is empowered to expel members from the union, they cannot do so without giving them show cause notice to give them a chance to explain their conduct. Abrupt and arbitrary expulsion cannot be justified, if the case goes to the court of law.

Rajendra K Goyal (Expert) 27 February 2014
If the members were expelled after giving show cause notice, after proper chance of hearing to them and as per constitution of the union the expulsion can be held legal.

So far as legal status of election is concerned all the provisions of union constitution relating to elections and procedure need to be looked into.`

You can treat your elections valid till any amicable solution is arrived.

In the interest of members and retaining bargaining powers early settlement by give and take approach is required.

Raj Kumar Makkad (Expert) 27 February 2014
I do agree with the experts hence no more to add.

T. Kalaiselvan, Advocate (Expert) 01 March 2014
I also agree with the experts opinion on the subject issue, nothing more to add.

Trade union elections

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