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FORMATION OF UNION

(Querist) 06 April 2008 This query is : Resolved 
Dear Sir,
We have been engaging contract labour in our manufacturing process through licensed contractor for last three years. We do not have any permanent workers on roll except the skilled operators who are ITI passed out. I have been given to understand that the contract workers have formed a union and also got the registration. Could you please clarify the following querries??

1> As we not have any worker on our roll and the workers are hired through the contractor, Can they ask for recognition from the management as we are not the direct employer.Is it legally addmisable under trade union act.

2> Can they place the charter of demands to the management as they are not the directly employed.

Regards

DEBASIS
H. S. Thukral (Expert) 07 April 2008
There is no law as such whether the management must recognise a union of its workmen as it is not part of their service conditions. If the employees engaged through contractor are under direct control and supervision of the management, relationship of employer and employee would come into existnece and the contractor's workers can approach the Industrial Court through Section 10 of the ID Act for regularisations of their jobs by raising a collective demand on the management. If in reality there is no relationship of master and servant between the management and contractor's workers and if such workers are involved in permanent and perennial nature of jobs then they can ask for abolition of Contract Labour ( Control and Abolition) Act. However in the present scenario they can't raise any legal demands on the management.


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