The Madras high court judge s vaithiyanathan has made it clear that law does not state that only serving employees of an organisation can form unions under the Trade Union Act as even

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CITYEven retired employees can form a union: Madras high court
TNN | Updated: Jan 26, 2020, 10:04 IST






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CHENNAI: The Madras high court has made it clear that law does not state that only serving employees of an organisation can form unions under the Trade Union Act as evenREMOVE ADS

retired employees can form a separate union to espouse their grievances relating to terminal benefits and register it.
Justice S Vaidyanathan made the observation while allowing a plea moved by Karur Vysya Bank Retirees’ Association challenging the order of the labour department denying registration to their association on the ground that the members of the association are not in service.

“India is a democratic country, where there is no restriction for citizens to express their grievances to government by means of ahimsa and as such, preventing one sect of persons, namely, retired employees to form a trade union to espouse their cause to the government cannot be permitted at any cost, by giving a different interpretation to the provisions of law,” the judge said.
To put it precisely, even if seven employees were not on the rolls, they are entitled to form an association that has to be registered under the Trade Union Act and the same cannot be refused to be registered on this score, the judge said.
Though the existing union with permanent employees can espouse the cause of retired employees or others, who were not in employment, on the ground of community of interest, consequent to the absence of such interest in the present days, there is nothing wrong in permitting the retired employees to have their own association under the act, as unions, having permanent employees on the rolls, are withering away and shirking from their moral responsibilities to espouse the cause of employees who cease to be on the rolls, said Justice Vaidyanathan.

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