Reigniting the debate over contractual workers’ right to form unions, the workers’ union of Bellsonica Auto Component, an auto parts company in Manesar, has defended the grant of membership to a contractual worker before the Haryana Labour Department,.
The Labour Commissioner-cum-Registrar, Trade Unions, had in a letter to the auto company’s union earlier this month objected to the grant of membership to a contract worker saying that it was against the Rule 5 of the union’s constitution. “The action of the union in admitting the workers of contract as members of the union prima facie appears illegal,” read the letter.
However, the union in its reply on Wednesday said that its constitution, duly approved by the Labour Commissioner’s office, did not make any distinction between a regular and contract worker. It also said that forming a union was a fundamental right accorded by Article 19 of the Indian Constitution and the Trade Union Act, 1926 also did not make any distinction between a regular and a contract worker for union formation.
The matter assumes significance since almost all unions in Gurugram-Manesar-Bawal automotive belt only have regular employees as their members. The regular workers deny membership to contract workers, who form a bulk of the workforce, for fear of getting marginalised and the arrangement also suits the employers.
Labour law lawyer Monu Kuhar said the Bellsonica Union was within its rights to grant membership to the contract workers.
