Registration of employees association

elango.parameswaran (Querist) 10 June 2022 This query is : Resolved
We are working as Contractual employees in a GoI health oriented Programme. Hitherto there is no Association or Trade Union for protecting our rights. Now, we want to form an Association / Union for us. The staff cadre includes Medical/ Non-Medical/Para Medical and Office category. Kindly advise as to whether we can form a Trade Union by registering under Trade Union Act or form a Welfare Association by registering under Societies Registration Act. We want to protect the rights of our members as well as to safeguard our Active members who are ready to fight for us. Please advise what are the legal formalities.

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Contractual employees working on a GoI health programme are looking to form an association to protect their rights, as no such body currently exists. They are seeking advice on whether to register as a Trade Union under the Trade Union Act or a Welfare Association under the Societies Registration Act. The discussion suggests that a Trade Union is the more appropriate route for actively protecting members' rights and safeguarding those who champion the cause.

P. Venu (Expert) 10 June 2022
Forming an Association is a Fundamental Right. Being civilian employees, there could be no unreasonable restrictions.

kavksatyanarayana (Expert) 11 June 2022
You shall go for Trade Union to protect your rights. In Welfare Association you cannot add such a clause as it is contrary to the Societies Registration Act.

Dr J C Vashista (Expert) 12 June 2022
Same query has been repeated thrice earlier https://www.lawyersclubindia.com/forum/registration-of-employees-welfare-association-224358.asp

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