• Labour union in Mumbai

We have a transport company have a labour union ( Vahatuk kamgar sangathana). Till now we had 8 members but, 3 of them retired in March 2018 , bringing the stregnth to 5. now , the union people have given a letter on 20th November stating 2 managers and 3 clerks ( who have not been given appointment letters) have joined the union on 1-4-2017.
1. Can managers join labour union ?
2. Can temporery clerks can join union ?
What is the legal way out fot this. The temporery workers have completed 240 of service.
Asked 7 years ago in Labour

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4 Answers

1) Management person can't join unoin it's against the law.

2) Clerk should be permanent employee od the company, so he also can't join.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Manager and supervisor cannot join unions or be part of the union. 

You can take action against a union and against manager over violations. 

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

Manager can't join labour union or should not, it seems you have lost control over them so serve a notice to them (Show Cause) and kick them out after proper enquiry besides informing the Registrar of Trade Unions that they are the Managers and does not comes under the purview of definition of employee/workman under the ID Act. Temporary workers can join the union.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Client,

To form trade/labor union seven or more members required.

Any employee whether temporary or permanant can become member.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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