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R.N.Khola
363

[IMG]https://www.citehr.com/images/icons/icon1.gif[/IMG] Flag hoisting by the trade union
Dear Members,
Whether a registered union have the right to do flag hoisting at the premises of an establishment, the workers of which are members of a trade union which is affiliated to a federation of unions. If yes then under which of the enactment.
With Regards,
R.N.Khola



From India, Delhi
SK12
26

In this connection, I am attaching a copy of the Judgement of Hon'ble Kerla High Court which may be helpful to you to tackle the issue.
The copy of Judgement has been downloaded from WWW.judic.nic.in
SK

From India, Delhi
Attached Files (Download Requires Membership)
File Type: pdf Kerla High Court Judgement on hosting flag by Unions.pdf (50.6 KB, 321 views)

R.N.Khola
363

Dear Sk,
Thanks for giving the response. Till now I have also gone through this judgement which appeared in Sept, 2009 edition of Labour Law Reporter ( 2009 LLR 985). This judgement was also high lighted by the news paper 'The Hindu" dated 26.01.20009. I have also gone through various labour enactments but according to my knowledge none of these enactments empowers the trade unions to hoist their flag without the permission of the employer.
Thanks again.
With Regards,
R.N.Khola



From India, Delhi
rajanlawfirm
6

Dear
It will come under Article 19 (1) (c) of the Indian Constitution :
19. (1) All citizens shall have the right—
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
Of course within the Factory premises as decided by the Kerala High Court the workers may not have right,but outside the premises it will be their right under Article 19.
rajanlawfirm
Pls see
https://www.citehr.com/285737-legal-...-industry.html

From India, Madras
Ankur.a@tvstyres.com
Freedom of expression does not mean to disturb employer by hosting flag in front of company
From India, Rudrapur
vsrlaw
23

In Tamilnadu the practice is that the Trade Unions hoist them outside the gate.No permission required then.But inside the Management has to permit.

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