MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

LABOUR LAW
SEMESTER VI
FIRST DRAFT

TOPIC: ROLE OF TRADE UNIONS IN INDIA

Submitted To: Prof. Kahkashan Yunus

Submitted By: Sakshi Salunke

Enrolment No.: 2017043

B.A LL. B(Hons.) 2020

INTRODUCTION

Unions in India have been preoccupied with protecting the interests of the workers. Trade
Unionism had made its headway owing to growth of industrialization and capitalism. The
Indian trade union movement is now over fifty years old. It has passed through several stages
in its career. Periods of frustration and bitter struggle have alternated with occasions of
recognition, consolidation, and achievements. This research article mainly focuses on the roles
and objectives of Trade Union in India. Researchers have included present working conditions,
identifying the needs of Trade Unions, social responsibilities, working methodology of Trade
Unions, significance of Trade Unions and role of Trade Unions in collective bargain The
objective for which formation of trade union takes place in the recognition of law is to spread
industrial peace with aim to provide social, economic justice to people at large but this function
can only be performed if the members of the trade unions are provided with civil liberty and
democratic rights by the society they live in. at the end of research article economic life. In
India, the Trade Union Act, 1926 legalized formation of trade union and recognition of Trade
Unions and Prevention of Unfair Labour Practices Act, 1971 governs the aspects related to the
recognition of trade unions that have not been specifically covered by the TU Act. Several
other provisions pertaining to trade unions shall be briefly discussed in the next paper. A
registered trade union assumes more importance because other labour laws such as the
Industrial Disputes Act, 1947 (IDA), and the Industrial Employment (Standing Orders) Act,
1946 (IESOA), define a labour union to mean a union that has been registered under the TU
Act. The IDA, a law that to a certain extent is similar to the U.S. National Labour Relations
Act of 1935 (NLRA), provides for investigation and settlement of industrial disputes and
contains provisions with respect to inter alia layoff, employment termination, strikes, lockouts
and closure of establishment. Researchers have included present working conditions,
identifying the needs of Trade Unions, social responsibilities, working methodology of Trade
Unions, significance of Trade Unions and role of Trade Unions in collective bargaining
because Trade Unions had made a great impact on social, political and economic life. Trade
unions are a major component of the system of modern industrial relations in any nation, each
having their own set of objectives or goals to achieve according to their constitution and each
having its own strategy to reach those goals. Union of workers plays an important role in
industrial system.1 Right to form Trade Union in a fundamental right under Article 19 (1) (c)

1
http://www.mlsi.gov.cy/mlsi/dlr/dlr.nsf/page25_en/page25_en?OpenDocument
of the Indian Constitution.2 The paper will also emphasize upon unions economic contribution
in the context of the strong historical legacy. The thrust of trade union activities has been to
engage in the traditional functions of welfare and economic improvement of workers; they do
not take an active role in improving productivity and economic performance. Unions, working
in tandem with the government in the first thirty years after independence, ensured that workers
were well protected and given all the benefits. In view of the globalization challenges, there is
a gradual change and the managements and unions are entering into collective bargaining
agreements with clauses of improvements in productivity of the enterprise.

In this project, the researcher will mainly be focusing on the secondary sources like online
articles, journals, etc. The main way to find information on it will be with the use of internet
for a proper and extensive research which will include short videos, some very old news articles
on the role of trade union in India, some interviews and all the other information relevant to
the trade union and its provisions. Famous landmark cases such as All India Bank Employees
Association v. N.I. Tribunal3 laid down the rights of the members of the trade unions that are
encompassed within the fundamental right to freedom of expression and speech i.e. Article
19(1)(c). Another case of which is of much importance is the case of B. Srinivasa Reddy v.
Karnataka Urban Water Supply & Drainage Board Employees’ Association4 wherein it has
been held that an unregistered trade union or a trade union whose registration has been
cancelled has no rights either under the TU Act or the IDA. This case highlights the importance
with respect to registration of trade unions. In the case of B.R Singh v. Union of India5 the
court has recognized “strike” as a mode of redress for resolving the grievances of workers. In
Balmer Lawrie Workers’ Union, Bombay and Anr. v. Balmer Lawrie & Co. Ltd. and Ors6
the underlying assumption made by the SC was that a recognised union represents all the
workmen in the industrial undertaking or in the industry. This case was also referred to in the
MRF United Workers case.

https://www.lawteacher.net/free-law-essays/employment-law/recognition-of-trade-unions-employment-law-
essay.php
2
https://www.jstor.org/stable/pdf/24546947.pdf?refreqid=excelsior%3Ac06c8a9fe92a4566e3a8d1bc43fa97a4
https://shodhganga.inflibnet.ac.in/bitstream/10603/41250/6/06_chapter%202.pdf
https://www.iflr.com/Article/3071791/Globalisationchanging-the-face-of-the-Indian-labour-scenario.html
3
AIR 1962 SC 171
4
(2006) 11 SCC 731 (2)
5
(1989) 4 SCC 710
6
[2010(124) FLR386], (2009) IVLLJ685Mad, 2009 WritLR88
CHAPTERIZATION

1. HISTORY OF TRADE UNIONS IN INDIA

2. INDIA’S CENTRAL TRADE UNION ORGANIZATIONS
3. COLLECTIVE BARGAINING IN INDIA
4. LAWS GOVERNING TRADE UNIONS IN INDIA
5. LANDMARK CASES PERTAINING TO TRADE UNIONS
6. RIGHT TO STRIKE
7. RECENT TRADE UNION ACTIVITIES IN INDIA
8. CONCLUSION

BIBLIOGRAPHY

➢ http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Trade_Unions_Act_and_Sta
te_Laws_Provide_Legal_Protections_to_Trade_Unions_in_India.pdf
➢ https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---sro-
new_delhi/documents/publication/wcms_342335.pdf
➢ https://smallbusiness.chron.com/role-trade-unions-industrial-relations-65197.html
➢ https://www.youngbhartiya.com/article/a-history-of-trade-unions-in-india
➢ http://www.legalservicesindia.com/article/2204/Recognition-of-trade-union.html