The Trade Union Act, 1926 (now known as the Employees’ Compensation Act, 1923), contains provisions regarding the disqualification of office bearers of trade unions. These disqualifications are put in place to ensure the integrity and responsible functioning of trade unions.
Common Disqualifications of Office Bearers of Trade Unions
- Non-Citizens: Non-citizens or individuals who are not Indian citizens are generally disqualified from holding office in a trade union. This is to ensure that trade unions are primarily composed of Indian workers.
- Minors: Individuals who are below the age of 18 (minors) are typically disqualified from holding office in a trade union. Minors may not have the legal capacity to enter into binding agreements or make decisions on behalf of the union.
- Insolvent Persons: Individuals who have been declared insolvent or bankrupt by a court of law are often disqualified from holding office in a trade union. This is to prevent individuals with financial difficulties from managing union funds.
- Criminal Convictions: Depending on the specific provisions of the union’s constitution or the laws of the land, individuals with certain criminal convictions may be disqualified from holding office. This is done to maintain the integrity of the union.
- Undischarged Insolvents: Individuals who are undischarged insolvents, meaning they have not been discharged from their insolvency status, may be disqualified from holding office in a trade union.
- Employer-Employee Disqualification: Some trade unions may have rules disqualifying individuals who are simultaneously employed by an employer or have a financial stake in the business for which the union is representing workers. This is to avoid conflicts of interest.
- Members Expelled from Union: A trade union may disqualify individuals who have been expelled from the union for misconduct or violation of union rules. Expelled members may not be eligible to hold office until their expulsion is revoked.
- Affiliation with Certain Organizations: Depending on the union’s constitution and rules, individuals affiliated with organizations or groups that are considered antagonistic to the interests of the trade union may be disqualified from office.
- Conflict of Interest: Trade unions may have rules disqualifying individuals who have a direct or indirect conflict of interest that could compromise their ability to represent the members impartially.
