Issue with bank trade union / employment issue
9 months ago
We provide the manpower (Security guards) in accordance with the bank's three-year agreement. But our company security personal joint in banking trade union (xx bank contract staff union ) But we third party agency . Recently we changed a security guard to another unit from bank site , Because that particular BR requested that we replace the security guard there due to improper duties, so we changed him to another client site , but he refuse to go and complaint in union , then that union representative lodged a complaint in labour commissioner office. The identical problems occurred a few months ago, and they issued a notice via ALC. After speaking with them, we revoked and give the job to one person. Now again the Inquiring since the same thing for another default employee and now they are demanding to give job in bank sites only , but I'm not sure how union members will determine which BRs and who should work.
Being a third-party agency, you should raise your objection to the matter when it is taken up before the ALC by the Union on the ground of locus-standi and get the conciliation initiated by ALC failed and referred to the Ministry who are empowered to decide on merit whether the matter is to be referred to an Industrial Tribunal for adjudication or not. Admission of an unethical and meritless demand of the so-called Union, the matter is now taken by the union as granted and continued with their same meritless demand one after other. So, to stop such unfair practice, you should raise your strong objection, if the matter is again placed before the ALC and let the matter be referred to the Ministry of Labour and Employment for an order of adjudication u/s.10 of the Industrial Dispute Act, 1947 so that matter be contested before the Adjudicating Authority to quash the unfair demands of the union. So. once the matter is referred to an Industrial Tribunal for adjudication, you need to consult and authorize an Advocate who is well conversant with ID and Labour Court matters to represent the matter before the Tribunal for a favorable order.
The proceedings and the procedure followed by the labour commissioner is wrong and irregular. Please approach the High Court to set aside the proceedings
Such proceedings by the Labor Commissioner are seems to be irregular. You may get quash or set aside such proceedings by approaching Hon’ble High Court.
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