Is It Legal for Unregistered Union Members to Display Flags at Our Company Entrance?

We have five contractors in our company, and the contract laborers have formed a union. The union is not registered. Now, the union members have affiliated with CITU, and they have stuck their flag (CITU) in front of our Unit (Main Gate). Is this legal or not? Kindly clarify this.

Affiliation to a registered trade union is enough for workers to claim their legal rights. I would suggest engaging good lawyers from Chennai who can be helpful in understanding and resolving your doubts in trade union and collective bargaining.

Legal Action Against Striking Workers

If the striking workers are hindering the operation of the factory, you may file a civil suit for an injunction against these workers under the provisions of the Code of Civil Procedure. The law is well settled that there cannot be a demonstration that results in the disruption of normal work activities of the company. You may refer to the judgment of the Supreme Court in the case of Railway Board vs. Niranjan Singh, reported in AIR 1969 SC 966 / 1969 SCR (3) 548 / 1969 SCC (1) 502.

Regards, S. Sensharma
Industrial Law Consultant, Meerut

Right to Form Associations and Unions in India

Article 19(1)(c) of the Constitution of India guarantees all its citizens the right "to form associations 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, morality, or the sovereignty and integrity of India. The right to form associations does not automatically entail the right to recognition, as seen in the Supreme Court case Raja Kulkarni vs State of Bombay 1954 SC 73.

Dealing with Unions and Contract Laborers

Don't panic if a union is formed or a flag is displayed in front of your office. Listen to their legitimate demands and seek solutions through dialogue. Contract laborers are uniting in many places. Removing contract laborers from service may seem like the easiest solution, but it is not a permanent one. Employers will inevitably have to deal with unions of contract laborers due to the increasing prevalence of the contract labor system. Therefore, in the recent amendment to the Industrial Disputes Act, the relevant appropriate government must address industrial disputes involving contract laborers when the cause of action arises in establishments under its jurisdiction. Be courageous and confront the situation.