Trade union in Apartment Ownership Association

Dear Client,
While the Contract Labour (Regulation and Abolition) Act, 1970 governs the working conditions of contract labor, their right to form a union is protected under the Trade Unions Act, 1926. The definition of "workers" includes contract labor, as there is no exclusion of any category of workers. This means contract or sub-contractor workers can form or join trade unions. Under Section 4 of the Trade Union Act, any seven or more members of a trade union can apply for the registration of the union. If the Contract workers meet this requirement, they can register their union or join an existing one. Section 10 of the Trade Unions Act, 1926, states that registered trade unions are bodies corporate, giving them legal status and the right to sue or be sued. This ensures that even contract workers who form a union can enjoy legal protection. Once the trade union is registered, it has rights like collective bargaining, negotiating working conditions, wages, etc. with their employer, i.e., the Contractor. The Contractor, in turn, can negotiate with the employer. Facility Management Service Provider renders services for the Apartment Association under a contract or agreement for an agreed-upon value of the contract, and employees or workers engaged or hired by the Service Provider to render that service are governed by the Contract Labour (Regulation and Abolition) Act, 1970, and if they meet the requirement for formation of a union under the Trade Union Act, they can registered their union and can raise their voice or go on strike for any legitimate claim if denied by their employer, Contractor or Sub-Contractor. So, unless the sub-contractor workers registered themselves under the Trade Union Act, 1926, they cannot exercise their right as they have no legal sanctity or status to demonstrate or go on strike. So, based on the legal status of the union of the workers of the Sub-Contractor/Contractor, AOA can take legal action against the illegal strike of the contractor workers before the appropriate authority, i..e, the State Labour Commissioner or the Deputy/Assistant Labour Commissioner.