Dear Members,
Ours is a new steel project under construction and Licence under Factories Act is being obtained. We have fully operational unions at our projects nearby proposed steel plant. They have formed two unions (with 150 each workmen) at construction site of new plant and extending same registration of TU without new registration.
In this regard, pls clarify the following:
1. Whether Trade Unions can be formed / allowed during the construction period of factory?
2. Whether Certificate of Trade Union at different projects can be extended to new project at different place? If so, how to extend?
3. Whether TUs in the mining sector can be enlarge their activities to Steel Industry?
4. Whether any case law in this regard!
Regards,
kadalirao
From India, Jaipur
4Ours is a new steel project under construction and Licence under Factories Act is being obtained. We have fully operational unions at our projects nearby proposed steel plant. They have formed two unions (with 150 each workmen) at construction site of new plant and extending same registration of TU without new registration.
In this regard, pls clarify the following:
1. Whether Trade Unions can be formed / allowed during the construction period of factory?
2. Whether Certificate of Trade Union at different projects can be extended to new project at different place? If so, how to extend?
3. Whether TUs in the mining sector can be enlarge their activities to Steel Industry?
4. Whether any case law in this regard!
Regards,
kadalirao
From India, Jaipur
This is a serious issue. In order to form a trade union there should be at least seven persons who are employed in the establishment. Since the establishment is yet to start how is it possible to get seven employees is not known to me. Now, the question of extending the trade union already existing to a unit coming up is possible with an amendment in the bye laws of the Trade Union which is existing in your existing establishment. With the help of employees engaged for construction of factory, a trade union can not be formed as these employees will cease to be employees once the work is completed. It is advisable to make a representation before the Registrar of Trade Unions.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Thank you Mr. Madhu for an early reply.
It is to further inform that Ours is a an already established establishment having so many projects / offices through out India. Now, it is diversifying its activity for "steel plant' from core activity i.e. mining. Hence, about 300 land loosers have been directly appointed in the lower cadre as workmen, in consideration to satisfy one of the conditions for loosing their lands. Mean while, some officers from diffrent existing projects have also been posted at the new place. Now the workmen wanted to form two Trade Unions. Construction activites are carried out through the Contractors through their manpower either regular or contract labour.
Now, may pls comment upon it.
Yours sincerely,
kadalirao
From India, Jaipur
It is to further inform that Ours is a an already established establishment having so many projects / offices through out India. Now, it is diversifying its activity for "steel plant' from core activity i.e. mining. Hence, about 300 land loosers have been directly appointed in the lower cadre as workmen, in consideration to satisfy one of the conditions for loosing their lands. Mean while, some officers from diffrent existing projects have also been posted at the new place. Now the workmen wanted to form two Trade Unions. Construction activites are carried out through the Contractors through their manpower either regular or contract labour.
Now, may pls comment upon it.
Yours sincerely,
kadalirao
From India, Jaipur
An existing union can extend their activities. Since the matter is a complicated one, I advise you to take a legal opinion also. In the meanwhile let us wait for other members advice also. I hope Shri V.Harikrishnan will be able to put his expertise on this subject. Please help.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Dear Mr.Rao
From your posts in this thread I presume that(please correct me if my presumption is wrong) during the construction of the project certain workmen who were recruited to be employed in the steel plant have formed a Trade Union. Further a trade union of workmen in mines is extending its reach to the workmen employed in the steel plant also. My response to your questions
Your question No 1:-Regular workmen of the Factory/establishment employed by the employer during construction of the Factory can form a Union to negotiate with the employer.Workers employed by the contractor are not covered by my answer. The Trade Union Act does not prohibit such formation of trade unions at the time of the construction of the factory/project.
Your question No 2:- The bye laws of the trade union as registered with the Registrar of Trade Unions and subsequently amended if any according to the provisions of the Trade Unions Act will have to be read to answer this question. Usually, the bye laws will specify as to who could become members of the Union. The specification may be with reference to employment in a particular factory(factories)/establishment(s)or a geographical area. Therefore if the existing bye laws of the existing Union provide for the inclusion of workmen employed in different projects of your company as the members of the Union, then it can be done. If the bye-laws are silent on this or do not contain such a provision then the workmen employed in any projects/establishments/factories excepting those specified in the bye laws cannot become members and the Union cannot represent them. However, the bye-laws can be amended to incorporate such a provision.
Your question No 3:- The answer is the same as the answer to your question number 2. If the existing bye laws permit the Union to operate in steel sector they could do so. If the bye laws are silent they cannot operate in steel sector. However, the bye laws can be amended to include the steel sector.
Your question No.4: I am not aware of any case law on this point.
The bye laws of a trade union are like the standing orders. Whatever be the Union it cannot act beyond the areas covered by the bye laws not can it act contrary to the provisions of the bye laws. My suggestion to you is whenever a Union is formed or even in the case of existing unions keep handy a copy of the bye laws registered with the Registrar of Trade Unions. This will be useful.
With regards
From India, Madras
From your posts in this thread I presume that(please correct me if my presumption is wrong) during the construction of the project certain workmen who were recruited to be employed in the steel plant have formed a Trade Union. Further a trade union of workmen in mines is extending its reach to the workmen employed in the steel plant also. My response to your questions
Your question No 1:-Regular workmen of the Factory/establishment employed by the employer during construction of the Factory can form a Union to negotiate with the employer.Workers employed by the contractor are not covered by my answer. The Trade Union Act does not prohibit such formation of trade unions at the time of the construction of the factory/project.
Your question No 2:- The bye laws of the trade union as registered with the Registrar of Trade Unions and subsequently amended if any according to the provisions of the Trade Unions Act will have to be read to answer this question. Usually, the bye laws will specify as to who could become members of the Union. The specification may be with reference to employment in a particular factory(factories)/establishment(s)or a geographical area. Therefore if the existing bye laws of the existing Union provide for the inclusion of workmen employed in different projects of your company as the members of the Union, then it can be done. If the bye-laws are silent on this or do not contain such a provision then the workmen employed in any projects/establishments/factories excepting those specified in the bye laws cannot become members and the Union cannot represent them. However, the bye-laws can be amended to incorporate such a provision.
Your question No 3:- The answer is the same as the answer to your question number 2. If the existing bye laws permit the Union to operate in steel sector they could do so. If the bye laws are silent they cannot operate in steel sector. However, the bye laws can be amended to include the steel sector.
Your question No.4: I am not aware of any case law on this point.
The bye laws of a trade union are like the standing orders. Whatever be the Union it cannot act beyond the areas covered by the bye laws not can it act contrary to the provisions of the bye laws. My suggestion to you is whenever a Union is formed or even in the case of existing unions keep handy a copy of the bye laws registered with the Registrar of Trade Unions. This will be useful.
With regards
From India, Madras
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