Advocate Girish Jayram

It is debatable question that “should the management sign the settlement with the majority union or is there any other recourse open to the establishment”. To answer this it can be interpreted that “in such situation the management of concerned establishment can have three options”. Firstly, sign the settlement with the majority union and can call upon all the workers who have to accept the benefits of the settlement to tender an undertaking accepting all the terms of the settlement. In this process if the non-members like to accept the benefit they would also be required to accept the obligations by giving undertaking. The other course is to involve the new union also in the process of Collecting Bargaining, and, the third course is to seek the intervention of the Conciliation Officer and sign the settlement in Conciliation. Once the settlement is signed in conciliation the management will get an advantage that it will be binding on all the workers irrespective of wh...

It is debatable question that “can the union block the passage to establishment or prevent the removal of goods or can stage Dharna in front of establishment’s gate”. To answer this it can be interpreted that “only peaceful agitation is the right of the workers”. They do not have any right to cause any blockage or any obstruction to removal of goods or bringing in goods or free access to factory or office. Any such obstruction is illegal and can be prevented by a competent court by an order of injunction. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. IMPORTANT: Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gm...

It is debatable question that if a principal employer when employ the individuals through the contractor who is not having contract labour license under section 12 of the Contract Labour (Regulation and Abolition) Act, then it will attract only penal provisions of sections 23 and 25 of said Act. Therefore it is nowhere provided that such contractual employees deployed through the contractor would become employees of the principal employer. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. IMPORTANT: Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified profes...