We have five contractors in our company and the contract labours formed the union. The union not registered. Now the union members had affiliated with CITU and they are stuck their flag (CITU) in-front of our Unit (Main Gate). Is it adequate by legal or not ? Kindly clarify this.
20th November 2018 From India, Madras
Affiliation to registered trade union is enough for the workers to claim their legal rights. I would suggest you engage good lawyers from Chennai who can be helpful in understanding and resolve your doubts in Trade union and collective bargaining.
20th November 2018 From India, New Delhi
Change the contractor or ask him to control the actions of his the workers.
20th November 2018 From India, Pune
If the striking workers are hindering the working of the factory, you may file a Civil Suit for injunction against these workers under the provisions of Code of Civil Procedure. Law is well settled that there cannot be demonstration which will result in disruption of normal work activities of the Company. You may see the judgment of the Supreme Court in case of Railway Board vs Niranjan Singh reported in AIR 1969 SC 966/ 1969 SCR (3) 548/ 1969 SCC (1) 502.
S. Sensharma
Industrial Law Consultant, Meerut
22nd November 2018 From India, undefined
Article 19 (1)(c) of the Constitution of India guarantees to all its citizens the right "to form association and Unions" under clause (4) of Article 19, the state may by law impose reasonable restrictions on this right in the interest of public order or morality or the sovereignty and integrity of India.
The right to form association does not carry the right to recognition Supreme court case Raja Kulkarni vs State of Bombay 1954 SC 73.
Don't panic if union is formed or flag is stuck in front of your office. Hear their legitimate demands and find out the solutions by dialogue. Contract labours are uniting at many places. Removal of contract labours from service is the easiest way but not a permanent solutions. Today or tomorrow employer's have to face the unions of contract labours because contract labour system is growing every where and reaction of workers will definitely come by forming unions of contract labours. Therefore in the recent amendment in the I D Act the concerned appropriate govt has to deal with the industrial disputes relating to contract labours whenever the cause of action arose in the establishment for which the the state/Central govt is the appropriate govt. Be brave and face the situation.
26th November 2018 From India, Pune
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