INTRODUCTION

Freedom to form associations

Article 19

Article 19(1) [ All citizens shall have

Article 19(4)
the right]-

Nothing in sub-clause (c) of the said clause shall

(c) to form associations or
affect the operation of any existing law in so far as it
unions or co-operative
imposes, or prevent the State from making any law
societies.*
imposing, in the interests of the sovereignty and
* ‘or co-operative societies’
integrity of India or public order or morality,
added in 2011 by 97th
reasonable restrictions on the exercise of the right
Amendment Act.
conferred by the said sub-clause.
 Here are 4 important court judgements which every worker or employee should be aware of:

Forming Labour Unions or Associations is a Fundamental Right but strike is not..

In All India Bank Employees’ Association v. National Industrial Tribunal , the Court specifically held that even very
liberal interpretation of sub-clause (c)of clause (1) of Article 19 cannot lead to the conclusion that trade unions have
a guaranteed right to an effective collective bargaining or to strike, either as part of collective bargaining or
otherwise. Thus, there is a guaranteed fundamental right to form association or Labour unions but there is no
fundamental right to go on strike. Under the Industrial Dispute Act, 1947 the ground and conditions are laid down
for the legal strike and if those provisions and conditions are not fulfilled then the strike will be illegal.

No Right to Strike for Government Employees

In the case of T.K. Rangarajan v. Government of Tamil Nadu and Others (the Tamil Nadu Government Employees
Case), Justice M.B. Shah, speaking for a Bench of the Supreme Court consisting of himself and Justice A.R.
Lakshmanan, said, “the question of right to strike — whether fundamental, statutory or equitable moral right
to strike — in our view, no such right exists with the government employee.”

Right to Strike is not a Fundamental Right

In the case of Kameshwar Prasad v. State of Bihar where Rule 4A of the Bihar Government Servants’ Conduct
Rules, 1956, which prohibits ‘any form of demonstrations’ for the redress of the grievances of Government servants
was contented to be violative of the fundamental rights guaranteed to them under Art. 19(1) (a) and (b) of the
Constitution of India and should, therefore, be struck down by the petitioners. But the court observed that ‘The rule
in so far as it prohibits a strike cannot be struck down since there is no fundamental right to resort to a strike.”
 1920
1947
1948
1949
 Movement

1918
B.P.
Wadia
- To
eradicate 1921
wage N.M. Joshi
slavery - Resolution:
- 1)
Registration
of Trade
Unions
- 2) Protection Decline of
of Trade Membership 1934
Unions 194 Trade
Unions
 Definition of Trade Union and Trade Dispute
Trade Unions Act, 1926,
CHAPTER I – PRELIMINARY
2. Definitions.

(g) "trade dispute" means 

(h) "Trade Union" means

 (g) "trade dispute" means 

"trade dispute"
which is
connected
with the

between
employers and between workmen or the conditions
employers and or non- or the terms of
workmen  and workmen employment
employment employment
of labour, of any
employers person,

and "workmen" means all persons employed

in trade or industry whether or not in the
employment of the employer with whom the
trade dispute arises; and
 (h) "Trade Union" means

Trade Union

means any
combination, whether
temporary or
permanent formed
primarily for the
purpose of regulating
the relations between 

and includes any

(iii) any agreement in
federation of two or
(ii) any agreement consideration of the
or for imposing more Trade Unions:
between an employer sale of the good-will
workmen and or between workmen or between employers restrictive conditions Provided that this Act
and those employed of a business or of
employers and workmen and employers on the conduct of any shall not affect -(i) any
by him as to such instruction in any
trade or business agreement between
employment; or profession, trade or
partners as to their
handicraft.
own business;
PRESENT AND NATIONAL LEVEL TRADE
UNIONS
The prevalence of LPG in India along with flexibility measure adopted by employers and
decline in jobs in organised sector are creating challenges to the Unions,
simultaneously providing opportunities to restructure the Union movement.
Thankyou