We have a few queries regarding the formation and legality of the union:
1. Whether Permanent Workmen and Contractual Workmen together form a union.
2. Whether the Union can serve a demand notice on behalf of Contractual Workmen.
3. Can we challenge the legality of the union since it represents both Permanent and Contractual Workmen?
From India, Mumbai
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71. Whether Permanent Workmen and Contractual Workmen together form a union.
2. Whether the Union can serve a demand notice on behalf of Contractual Workmen.
3. Can we challenge the legality of the union since it represents both Permanent and Contractual Workmen?
From India, Mumbai
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Dear Lamba,
1) If the permanent workmen and the contract workmen are employed in the same industrial establishment or industry, they can together form a trade union.
2) If the contract laborers are also admitted as members of the union as per the byelaw, the union can raise demands on behalf of the contract laborers.
3) No, the employer can only question the representative capacity of a trade union and not its constitution.
From India, Salem
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1) If the permanent workmen and the contract workmen are employed in the same industrial establishment or industry, they can together form a trade union.
2) If the contract laborers are also admitted as members of the union as per the byelaw, the union can raise demands on behalf of the contract laborers.
3) No, the employer can only question the representative capacity of a trade union and not its constitution.
From India, Salem
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Madras High Court - V Mathivanan v State Bank of India - representation by a legal practitioner .pdf