Mohd Ilyas Akhter (Officer) 23 June 2011
In a company in which I am working is a factory. Here it has been taken in writing during the time of joining that one will not take part in any form of union neither can form one. How far it is correct on the part of the company?? Is there any law that stops engineers in the factory to form Trade union? Which union is applicable to engineers in the factory???
Does Trade union act applies to engineers in the factory????
Ambika Prasad Mishra (Lawyer) 23 June 2011
Forming Union and Association is tour Fundamental Right under Article 19 of the constitution. So such an Agreement is void as the same is against public policy ( Sec 23 of the Contract Act), If your company is govt company, then such an agreement would be hit by Article - 13 of the Constitutionof India. See Trade Union Act.
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