Dharna pradarshan by contract labour union not registered with the establishment?

Rajat sahotra (Querist) 25 March 2014 This query is : Resolved
Seniors,

a contract labour union which is never been recognised or registered with the establishment but duly registered with labour office gave notice to hold Dharna and strike out side the establishment. Copy of the notice is also given to labour officer and the Deputy Commissioner.

The contract labour union is threatening and demanding to take back all the employees who were dismissed or terminated by Contractor working in the establishment.

All these employees were the employer of the Contractor and not the Establishment.

Establishment is a Co-operative Society duly registered with Sub registrar and in collaboration with state Govt Providing Ambulance and Hospital Research services to the Govt Hospitals in the State. Its a non profit organization and is funded by the Govt itself.

Kindly advise the remedies available?

Can the establishment fight in Civil Court for injunction against the Contract Labour Union?

What can be done in this situation?

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Guest (Expert) 26 March 2014
You have omitted to provide the very basic information in your description, e.g.,

1) To whom the labour union has served notice, the contractor or the establishment/ society?

2) What is the duration of the contract and when it is due to expire?

3) Whether the wages to the said contract employees are paid directly by the society or by the contractor and claimed by the contractor from the society?

4) Whether the society has approached to the labour office in regard to the notice problem or not. If contacted, what is the reponse of the labour office?

Please give brief description on these aspects also.

Rajat sahotra (Querist) 26 March 2014
Sir,

Labour union has served the notice to Establishment registered under Contract Labour Act and that Establishment is registered as a Co-operative Society providing services of free ambulance service in collaboration with State Govt.

Duration of the contract is 02 years.

Conciliation proceeding are already underway before the Conciliation cum Labour Officer.

Wages to the contract employee are directly paid by the Labour Contractor and not by the Co-society/establishment.

T. Kalaiselvan, Advocate (Expert) 27 March 2014
If your answers to the expert Mr. Dhigra's questions are correct, the contract labor union's call to stage dharna before the the establishment is illegal because they were the employees of the contractor and not the society, so whatever relief available to them will be with the contractor only and the society need not address their grievances. The society can reject the notice and can take a legal route to stop the union from staging the dharna and if necessary can take the help of police to scatter them for their unlawful assembly and nuisance.

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