• Unauthorised use of trade union letterheads

Office bearer of a legally recognised trade union, who has resigned two years before from the position in the union, has used letterhead of the union unauthorisedly, signed on it using position he had resigned from. in the said signed letter took decisions on behalf of that trade union like - affiliation of union with external union. formed new committee, and asked employer to recognise the the so called committee as protected workmen.- [India - Maharashtra] - Need urgent help to understand legal / criminal proceeds -
Asked 7 years ago in Labour

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

You should go Criminal and Industrial Law by filing FIR with the police department and a complaint to the Labour Department.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

file police complaint against ex office bearer for cheating , criminal breach of trust under section 406 , 420 of IPC 

Ajay Sethi
Advocate, Mumbai
99887 Answers
8152 Consultations

Dear Sir,

 

- Ground level, a warning can be issued by Union Chairman on the letterhead to the person knowingly misusing the letterheads. 

- Incase, no acceptance to stop such action. A complaint U/s 420 and U/s 425 (Mischief.—Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injurious, commits “mischief”.) with the local police station.

- Do present all the evidence to In-charge Police station to support your submission of complaint.. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Dear Client,

Whoever makes any false document or electronic record or part of a document or electronic record with intent to cause damage or injury, to the public or to any person commits forgery. File criminal complain. Also complain to labor department about involvement of other UNION in incident.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Sir a police complaint can be filed against the person using the letter head and the position in unauthorised manner.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File a criminal complaint against him under section 420 468 of IPC  

Mohammed Mujeeb
Advocate, Hyderabad
19349 Answers
32 Consultations

hello,

File a criminal case against the said person for cheating and fraud and immediately report the crime to the police. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can file an FIR for the same as well as intimate the trade union about the same through legal notice

Prashant Nayak
Advocate, Mumbai
34598 Answers
249 Consultations

If the resigned members of the said trade union are indulging in such activities which hamper the trade union and its functions including the name and reputation of the union, they can be held to have indulged into illegal activities fraudulently with high handed and criminal motives for wrongful gains.

The trade union secretary in consultation with the president and other office bearers, may lodge a criminal complaint agaisnt the mischievous ex members and can seek proper and stringent legal action for their such cheating and fraudulent activities besides filing an injunction suit restraining them from interfering in the union activities in any form and also can issue a legal notice to the ex members with a copy to the management requesting them to not to recognise the illegally formed new union for the reasons you may rely upon.

Consult with your lawyer on all such further issues and proceed.

 

T Kalaiselvan
Advocate, Vellore
90087 Answers
2502 Consultations

This is fraud impersonation and criminal breach of trust and is a punishable offence. File a complaint against the person in the local police station.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer