Legal Question in Criminal Law in India

Criminality by Trade Union Leaders

I am General Secretary of a Registered Trade Union (Officers Association). The President and Vice President conspired to dilute my powers by organising a meeting of some officers calling it to be an Emergency GBM and passed resolutions without agenda and against constitution. Their nefarious design to by-pass general secretary is provable through documentary evidence. Their intentions to take undue control of association for personal gain is also provable through documents. In the meeting, they resorted to malign my image an indulged in base less allegations (My team did not attend the meeting), again provable through documents.

Can I sue them legally such that all are prevented in future from degrading the platform and cause irreparable damage to the negotiation powers of the office bearers. They failed to uphold the constitution through and through.


Asked on 1/12/04, 8:00 am

1 Answer from Attorneys
Kasim Master Master&Master

Re: Criminality by Trade Union Leaders

I have perused your query and prima facie it would appear that there is some "struggle for power" going on within your Union. To enable me to adequately deal with your query, one would have to know the "constitution" of the Union and the provisions that deal with holding of meetings, summoning of meetings, powers of President, vice-president and the General Secretary. Any suit or action arising out of the events that have occured need to be looked at from the point of view of the constitution and its provisions and whether these have been violated in any manner by the persons holding the Emergency GBM. It would also need to be examined in what circumstances was the GBM summoned and whether it was withing the provisions of the constitution of the Union.

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Answered on 1/13/04, 12:18 am


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