This article has been written by our internee Hritika Shroff, a law student from Siddharth College of Law.
ABSTRACT
Trade union includes the organization of all categories of employees formed as per the provisions of the labour legislation to secure their mutual interests and well-being. It further ensures the safety, security, and welfare of the working-class people that are mostly employed in factories, mines, and plantations. The objectives of Trade Unions are interrelated with the objectives of social justice in the realm of industry and labour. The origin and conceptualization of the Indian Trade Unions have made a revolutionary impact on the Economy and have proved to be of great advantage in the interest of the labourers, workers and employees at large. Therefore, the development of Trade Unions in India is very important for their function to maintain a balance in the Industrial process and for the Society collectively.
INTRODUCTION
The Indian Trade Union Act, 1926, is the principal act that controls and regulates the mechanism of trade unions. In India, political lines and ideologies influence trade union movements. This is the reason why today political parties are forming and running Trade Unions.
The Definition of a Trade Union under the Black Laws Dictionary is “A combination or association of men employed in the same trade, united to regulate the customs and standards of their trade, fixing prices or hours of labour, influencing the relations of employer and employed, enlarging or maintaining their rights and privileges, and other similar objects”.
Trade Unions are voluntary associations of employees formed to promote and protect their interests through collective actions. These are associations of workers formed to protect the workers against exploitation by their employers and also improve their living conditions. Trade Union means a combination formed to regulate the relations not only between workmen and employers but also between workmen and workmen or between employers and employers.
HISTORY OF TRADE UNIONS
The Trade Union movement in India was set in motion after the end of the First World War due to the need for coordination of activities of individual unions. Over a period of time, the movement comprehensively spread to almost all industrial centres and became an integral part of the industrial process in India.
The first trade union was started in 1877 in Nagpur. It was this labour protest on an organized scale, through the support of some philanthropic personalities, that organized labour unions came to be formed. The setting up of large-scale industrial units created conditions of widespread use of machinery, new lines of production, and brought about changes in the working and living environment of workers, and the concentration of industries in large towns. In India Trade Unions have developed into an important platform for putting up the demands of the labourers and workers. They are one of the most predominant interest groups, which is working to influence the government in formulating legislation for the benefit of the labourers and workers without intending to become part of the government.
Four Major Organizations serving as Union for workers are as follows –
INTUC – Indian National Trade Union CongressThe formation of this Union was by the Indian National Congress by the Congress leaders. All the Unions affiliated with INTUC should go for Arbitration for the dispute once all other remedies are exhausted.
AITUC – All India Trade Union Congress
The formation of this Union was by the Indian National Congress by the Congress Leaders. This Union was devised to provide representation for India at the League of Nations' International Labour Organization (ILO).
HMS – Hind Mazdoor Sabha
The formation of this Union was by an independent Socialist Organization. It comprised of those who neither became a part of AITUC, nor INTUC in Calcutta in 1951 post the Socialist principle.
UTUC – United Trade union Congress
The formation of this Union was by the Socialist Unity Centre of India Political Party in the year 1949 and it mainly operated in West Bengal and Kerala.
REGISTRATION OF TRADE UNIONS
The Trade Union Act of 1926 was passed in the year 1926 but it came into effect in the year 1927. The Act contains the provisions related to registration, regulation, benefits, and protection for Trade Unions. Section 3 to Section 14 of Chapter 2 of the Act deals with the registration of Trade Unions in the territory of India.
LEGISLATION OF TRADE UNIONS IN INDIA
In India Labour legislation in India has a key impact on the development of industrial relations. The right to form and join a trade union, and engage in collective bargaining as provided for under national and state-specific legislation. The courts have upheld the right of workers to form or join a trade union in India.
Constitution of India, 1950 - Article 19(1)(c) of the Constitution of India, 1950 (“Constitution”) which envisages the fundamental right to freedom of speech and expression also guarantees the country’s citizens the right “to form associations or unions” including Trade Unions.
Apprentices Act, 1961 - The object of the Act was the promotion of new manpower at skills and improvement and refinement of old skills through practical and theoretical training.
Contract Labour (Regulation and Abolition) Act, 1970 - The object of the Act was the regulation of employment of contract labour along with its abolition in certain circumstances.
Employees’ provident funds and misc. Provision Act, 1952 - The Act regulated the payment of wages to the employees and also guaranteed them social security.
Factories Act, 1948 - The Act aimed at ensuring the health of the workers who were engaged in certain specified employments.
Minimum wages Act, 1948 - The Act aimed at fixing minimum rates of wages in certain employments.
Trade Union Act, 1926 - The Act provided for the registration of Trade Unions and defined the laws relating to registered Trade Unions.
FUNCTIONS OF TRADE UNIONS IN INDIA
Collective Bargaining
Collective bargaining is defined as “the technique by which dispute as to conditions of employment is resolved amicably by agreement rather than coercion” by the Supreme Court.
It is a process in which discussion and negotiation take place between the employer and workers regarding the terms of employment and working conditions. Workers are generally represented by Trade Unions for expressing their grievances concerning service conditions and wages before the employer and the management. Further refusing to bargain collectively in good faith with the employer is considered to be an unfair labour practice as per the provisions of the Industrial Disputes Act, 1947.
Trade Unions protect the workers from wage hikes and peacefully arrange Job Security for them.
In case of strikes or medical requirements, the Trade Unions provide the Workers with financial and non-financial assistance.
In process of making agreements, it has to be borne in mind that the members and the workers who are not a part of the Trade Unions are also protected and are not discriminated against.
SOCIAL RESPONSIBILITIES OF TRADE UNIONS
The Trade Unions altogether have a responsibility towards the society at large as well
Knowledge
Education and awareness among the Labourers and the workers are very imperative. There needs to exist a conventional way for the development of the society to avoid any hindrance by virtue of needless strikes and agitation. From time to time the concord between the employer and the employee is agreeable to them but could be biased to the consumer, therefore the Trade Union must protect these individuals and the society.
Action
The Trade Unions acts as a whole towards the Employer should be in manner so that consensus becomes a part of the economic growth and development for that impetus cooperation is required. Trade Unions are supposed to avoid being influenced by any caste division system in the interest of their workmen and to perpetuate the integrity of the nation. Therefore the Trade Unions have a responsibility of seeing the public welfare and in-process not overlook the interest of the society.
Urbanization
The Rural, as well as Urban populace, comprises the unorganized labours who have to be made organized by the Trade Unions to elevate them and to get them above the poverty line. They have a social duty to promote planned ideas and projects for savings to increase capital formation.
CONCLUSION
Unfair labour practice and practice of not involving employees in any kind of decision making resulted in the formation of trade union in India and its recognition by a court of law, The notion of social justice and industrial peace can only be achieved by the mutual cooperation of employers and employee and that is why Trade Unions play their major roles in achieving the industrial peace and serving overall justice to the employee.
REFERENCE
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