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...union but rather accepted their locus standi as employees of the Board and their right to form trade union associations though unregistered and on such basis permitted them to challenge t...Trade Unions Act on 20-1-2005 and that though the Employees' Union was not a registered trade union but was a recognised union by all and, therefore, the Association is entitled to maintain the wr...considered the rival submissions with reference to the entire records.Locus of the unregistered trade union — Maintainability30. Respondent 1...
...petitioner, first respondent proceeded to register the second respondent/Union. Learned counsel would submit that the persons employed by security agencies and contract labourers have no right to form ...petitioner/company has no right to object for registration of second respondent/Union. Further, learned counsel inviting attention of definition of 'Trade Union' under Section 2(h) of 1926 Act
...Act or provision of the Trade Union Act would not confer any right on the petitioner to object registration of Trade Union in terms of Section 4 or 8 of 1926 Act. As noticed above, in terms of def...
...Section 2(g) as well as “Trade Union” incorporated in Section 2(h) of the Act from where he sought to draw sustenance in his argument that Trade Union can be formed for regulating relations between workmen...appellant's constitution was amended in June, 2001. This amendment was sent to the Registrar, Trade Union, Haryana for its record and approval. The Registrar, Trade Union did not approve the...-Union is as to whether a Trade Union can have a membership of the workmen from other industries? To put it otherwise, whether a Trade Union can have its members who are working in differ...
...Industrial Disputes Act, other Act, and not in relation to the rights of the employees or ex-employees which can be found in the enactment like the present one to form association or Trade Union a...connected with fundamental right of the citizens to form association or Trade Union and so the interpretation made in other context or other provisions of...Court, this Court holds that those observations cannot be used against the respondent-Trade Union in the present matter. 22 LPA 78 of 2013 22) The provision of Article 19(1)(c) of the Constitutio...
...Section 2(g) as well as “Trade Union” incorporated in Section 2(h) of the Act from where he sought to draw sustenance in his argument that Trade Union can be formed for regulating relations between workmen...appellant's constitution was amended in June, 2001. This amendment was sent to the Registrar, Trade Union, Haryana for its record and approval. The Registrar, Trade Union did not approve the...-Union is as to whether a Trade Union can have a membership of the workmen from other industries? To put it otherwise, whether a Trade Union can have its members who are working in differ...
..., reported in 2004-2-L.W.407, has held that the right to form Trade Union is not merely a statutory right, under the ...Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, which confers an exclusive right to represent workmen of any undertaking of an union which acquires the...the minority unions have the right of representation in case of individual grievance. Though there is no common law right to any trade union to represent its members, whether for the purpose of...
...be set aside and the writ petition be dismissed.
6. Mr. Kar, learned Senior Counsel assisted by Mr. Majumder, learned Counsel submitted that the right to form Trade ...that a member of a Trade Union shall have a right to negotiate with the management or that the management would be under an obligation to negotiate with an office bearer of the union. He further...a fundamental right under Article 19(1) (c) of the Constitution of India. By referring to the definition of "Trade Union" in Section 2(g) of the 1926 Act, Mr. Kar contended that...
...Article 19 of the Constitution of India guarantees the right to form associations or unions. This includes the right of workmen to form trade unions for a lawful purpose.
...function of the overwhelming majority of the trade unions, the subsidiary purpose of functioning as friendly societies conferring material benefits on the members. It is thus evident that right to form a ...to look after the interest of the members of the trade union is the constitutional right of the petitioners guaranteed under
Article 19(1)(c) of the Constitution of...
...Constitution of India to form Trade Unions but from the respective pleadings or/arguments of the parties before the Labour Commissioner-cum-Registrar of Trade Union, Assam, it is clear that respon...) whether respondent No. 3, while filing application for registration as Trade Union under the Trade Unions Act, 1926 had suppressed th...conditions of service that they have no right to form association have no fundamental right under Article 19 (1) (c) of the Constitution of India to form Trade...
...a right to form a Trade Union in terms of the Indian Trade Unions Act of 1926.5. The.../2000-2001.2. The officers and the supervisory staff working in the GTTC resolved to form a Trade Union in the name and style of the “Government Tool Room and Training Centre”. In terms of...Trade Unions Act is to provide for the registration of a Trade Union and in certain respects to define the law relating ...
...19, to citizens in general and to workers in particular the right to form unions. In this context it was pointed out that the expression “union” in addition to the word “association” foun...(1) of Article 19 does guarantee to all citizens the right “to form associations”. It matters little whether or not learned Counsel is right in his submission that the expression “union” in the cl...the text literally but that the freedom should be so understood as to cover not merely a right to form an union in the sense of getting their union registered so as to function as an ...
...that the demand was not feasible for acceptance. It was pointed out that there are 7200 Group C and D staff at the RCF, Kapurthala who constitute the petitioner union and they have fundamental right to form a ....JUDGMENT OF THE LD. SINGLE JUDGE:11. The learned Single Judge, after taking note of the area of dispute and the respective contention, accepted the legal position that though right to form a ...arguments advanced before us in the present appeal remain the same. No doubt, recognition of union is not a right. It is the prerogative of the employer to recognize a union or not. In the Trade ...
...behalf of the government is ultra vires and discriminatory and liable to be set-aside as the element of bias or affiliation to a particular union would come into play. A person has a fundamental right to ...the right as envisaged under Article 19(1)(c) of the Constitution of India enabling a citizen to form an association or union. In support of the aforementioned contention...1996 Act as the union is required to be affiliated with seven Central Trade Unions as named in the impugned notification. 4. It was next contended that the notification has curtailed...
...violative of Article 19 (1) (c) of the Constitution of India which is a very important fundamental right to form association and the petitioner cannot be deprived to go along with Union of workman ...Industrial Disputes Act. Only because he has been brought to the supervisory category, he cannot be deprived of very important right. Every citizen has a right to form association and to raise gri...on promotion to the higher category. The provisions of the Industrial Disputes Act and the Trade Union Act do not apply to the persons who are no longer a workman. This Court does not find any error...
...the 4threspondent - Management would submit that even though the Workmen have a right to form an association or trade union, they cannot use the name of the 4threspondent..., directing the 2ndand 3rdrespondents to take immediate action on my application No.330350-250326 dated 25.06.2024 and register my trade union "Samsung India Thozilalar Sangam" as...25.06.2024 and to register the petitioner's trade union.
2. The case of the petitioner is that the petitioner and the other members of the proposed trade union are working...
...forming any Trade Union. As a matter of fact, the Union, of which the appellants are the President and the Secretaries, has been registered as a Trade Union under the Indian ...Representative Unions. Mr. Purshottam who appears on behalf of the appellants contends that the Constitution guarantees by art. 19, cl. (1), sub-cl. (c), the right to form associations or unions. He says that the ...Indian Trade Unions Act, 1926; but Mr. Purshottam says that the right to form a trade Union necessarily carries with it the right to form a ...
...legal demands within 80 meters of the premises and also observed that the defendant has every right to form union and carryout the trade union activities, however, it should not cause damages or v...injunction, restraining the defendant-Union, its office bearers or its members from conducting any form of strikes,
2...schedule property by resorting to any form of illegal strikes, agitations, demonstrations by assembling within 80 meters from the outside of the main gate of the suit schedule premises pending disposal of...
...withdrawal of the recognition.10. The right to form an association with other individuals is a fundamental right of a citizen guaranteed by Article 19(1)(c) of our Constitution...right to form a trade union of employees has come to be recognised as a fundamental right of an individual is the need, in modern times, for ‘collective bargaining’ to protect th...to form trade unions to secure their rights by proper representation through unions is recognised and the very foundation of App. XIII of the Code is an acknowledgment of that right of Railway servants ...
...meaning of Section 2(s) of the I.D. Act. The question that requires consideration by this Court is as to whether the non-workmen under the I.D. Act have a right to form a Trade Union in terms of t...Association had decided to form an Association to espouse their grievances, relating to pension and other benefits, as the existing Trade Union is not widely bringing out their grievances. It is t..., the Authority was not right in refusing to register the Trade Union and the order of rejection is incorrect.11. The learned Special Government Pleader (CS) has also referred to...
...the clutches of Article 12 of the Constitution. He also submits that the right to form of a trade union and to hold office as an office bearer is not a fundamental ...of being a member of any organisation which takes part in politics. It does not restrict the right of the petitioner to be a member of a trade union and it does not prohibit the petitioner from being...entitled to question the right of K.C Mathew to hold position as an office bearer of a registered trade union. Clause 17(d) of the service rules does not in any way prohibit him from taking part in...