Labour laws
Nishant Tyagi
(Querist) 10 July 2013
This query is : Resolved
Respected Sir,
I wanted to ask if in the standing orders of the company it is mentioned that an employee can be terminated if he illegally absents himself from work for a specific time period with or without a notice, and when such a condition arises the company sends a show cause notice to such an employee. But at the same time the employee is a member of the Trade Union who has applied for registration of the trade union.
What is the remedy available to the employer when such registration application of Trade Union is pending before the Registrar?
Please reply soon. Urgent.
Guest
(Expert) 10 July 2013
Dear Nishant,
Classroom exercise, as of a student, should be tried to be solved by self study.
Nishant Tyagi
(Querist) 10 July 2013
Respected Sir,
This is not a classroom exercise. I am working on a case and I need assistance for the same.
Reply would be much appreciated.
Guest
(Expert) 10 July 2013
Can't believe. Since when the students have been authorised to practise in a court of law? Even if you are working on a case, even as a student, you could well have given your own views and sought for the comments of the experts in order to check whether you are working on the right or wrong direction.
In the absence of your views, it becomes amply clear that you are not aware of even the basics of the labour laws. In that case, I wonder, in what manner you would work on the case for a win?
Nishant Tyagi
(Querist) 10 July 2013
Respected Sir,
I am looking into Sec. 33 of the Industrial Disputes Act which talks about the Protected Workmen. This,according to me, would be a stage in advance to the present situation.
What I am looking for is can the Registration of a Trade Union be stopped in the situation above mentioned?
Reply would be much appreciated.
Nishant Tyagi
(Querist) 10 July 2013
I can re-frame the question. Can the registration of a Trade Union be stopped on the ground that there has been a violation of the Standing Order of the Industry?
Guest
(Expert) 10 July 2013
Even your reframed question is an academic question without mention of any specific and real problem.
Moreover, your present question is contradictory to the requirement of your original question. In the first question, you talked about notice of termination to an employee on absenting/ remedy available to the employer, while the present question pertains to the registration of the trade union.
Still further, contrarily, sec. 33 relates neither to termination, nor registration of the union.
I wonder, when you are not even slightly clear about the nature of problem, for what you would be working on the so called case?
Since experts have to seek several clarifications from the querist in regard to an academic question that is why such baseless questions are avoided to be replied.
Raj Kumar Makkad
(Expert) 12 July 2013
I fully endorse the wise advice offered by ld. Dhingra G.
