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requirement of memberships of outside trade union

(Querist) 31 October 2008 This query is : Resolved 
Sir

A stock broking company has its various branches in various cities in India and it hasn't allowed any trade union. Its workers have joined a outsider trade union. What is minimum mandatory requirement of its workers to join that trade union to raise their industrial disputes. Please quote sections of the act or case laws if any.

Can a trader of a sock broking company be a workman ? Is there any guidelines of any court(s) in this regard especially where job profile require mental analysis?

Thanks in advance.
Mintu Kumar
Manish Singh (Expert) 01 November 2008
there are several SC rulings in this effect. the worker needs to be associated with a trade union which is formed under same kind of industry.
ill put down case laws soon.
trader of a stck broking company comes under the term workman.
H. S. Thukral (Expert) 01 November 2008
I agree with the first part of reply of my friend Manish. There is no restriction on joining any association or a trade Union or for that matter any organisation engaged in lawful activities. An Industrial Dispute, except in case of termination of a workman is not an individual dispute. Therefore within the meaning of an Industrial Dispute, it has to be a sponsored by group of workmen or by a body of workmen i.e. a Trade Union. Therefore a Trade Union can espouse the cause of a worman engaged in Trade which is included in the objectives of the trade union.

To the second part of reply, I disagreeing with Manish say that if a workman/employee has to use his independent analysis or as said mental analysis, he would not be covered under the definition of workman. An artist working in an industry is held not to be workman for the same reasons as he uses his independent opinion and mental make up.
Manish Singh (Expert) 01 November 2008
the case is up trade union congress v labour court 1997 1 LLN 761 (All)

Dear Sir,
I am sorry since after going again to the point i found out that I was wrong for the second point.
Manish Singh (Expert) 01 November 2008
111
mintu (Querist) 03 November 2008
Dear experts,

Thanks a lot for your valuable views. I am sorry I haven't put my problems as clear as it should be. Please see the corrected portion of first point of my question i.e. herein below:

"What is minimum NUMBER OF mandatory requirement of its workers EITHER OUT OF TOTAL WORKERS OF A COMPANY OR THE OUT OF TOTAL WORKERS OF THE BRANCH OFFICE OF TH E COMPANY to join that trade union to raise their industrial disputes?"

Once again thanks a lot and hope your positive response this time also.

With regards,

Mintu
Manish Singh (Expert) 03 November 2008
even a single employee can raise his dispute through a similar kind of tade union which .........
mahesh kumar yadav (Expert) 28 November 2008
article 19(1) (c) of constitution gives right to form associations and unions, and woker can join any trade union ofhis choice, he should may membership fee towards trade union
H. S. Thukral (Expert) 25 March 2009
Manish is right. Union can raise a dispute in respect of any of its member irrespective of number of members from that establishment.


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