Labourlawassignment

Labour Law Assignment

Group #3

STUDENT NAME | SID NUMBER | STUDENT NAME | SID NUMBER |

Navya G C | DH15105 | Paul Thomas | DH15115 |

Lina Nair | DH15080 | Joseph Rudolph Lobow | DH15118 |

SougataSen | DH15019 | Sweta Padma Mishra | DH15111 |

Srivastav Amit Mohanlal | DH15048 | Preeti Tanwani | DH15130 |

Praveen Kumar | DH15030 | | |

Oil Case

A. Whether the management is right – Not allowing the contract labour to form any Union?

Art 19 (1) c

The management is not right in not allowing the contract labours to form any union, as per Section 2 (i) and 2 (1)(b) – contract labour of the contract labour act (Page 298,279) –, all contract labours are workman and as per the trade union act of 1926 all work man have the right to join or form a trade union.

B. Whether the workers or workmen would be compelled to join with the existing Union?

Sch 5 Page 262 Leading to Penalty Sec 25U 5c..

No there can be a suggestion made by the principle employer for the workmen to join the existing union can be made to develop a spirit of participation and cooperation but the workmen cannot be a compelled to join an existing union. In accordance to The Trade Unions Act, 1926, 7 or workmen can come together and register a trade union.

C. Is it a good strategy to create a pool and enlisting all agency people and agreeing that thereafter that the third part agency has to engage people from that pool only?

The strategy offered by the principle employer is a good one as it is in the benefit of the contact employees and would take care of the “Job Security” concern of the employees, this is also beneficial for the principle employer as they would continue to engage these workman as contract employees.

D. Whether the strike is legal?

Sec 22,23.. Sec 22 is for PU.. Page 260

The Strike cannot be defined as legal because as per the Industrial dispute act Section 22 & Section 24, for a strike to be legal a minimum notice period of Six Weeks...