AMITY LAW SCHOOL LABOUR LAW

2009 2014

HISTORY OF TRADE UNION MOVEMENT IN INDIA

Submitt ! t"# M%&'ARCHANA SHU(LA' *F+,u-t$.

Submitt ! b$# SHASHAN( SIN)H E/R"--'N"0 A1101209021' i'B'A'LL'B'*H"/&.' 3t4 & m &t %52%! $ +%'

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This assignment is intended to cover the topic of History of trade union movement . Basic and pre-requisite information have been included. The topic is supported by landmark udgements of !upreme "ourt# High "ourts $ other legal authorities. % ackno&ledge the inspiration and blessing of my respected faculty 'rchana mam. He made my all doubt crystal clear. % am full of gratitude to my class mates (hanan ay !ingh and )rishnat for the patience sho&n and encouragement given to complete this assignment. *y heartful thanks are due to my seniors for providing relevant resources. %n the last but not the least# my sense of gratitude is due to '*%T+ ,'!"H..,# ,/")0.-. 1very effort has been made to avoid errors and mistakes2 ho&ever their presence cannot be ruled out.

Shashank Singh

TRADE UNION MOVEMENTIN INDIA L+b"u% M"9 m /t "% T%+! U/i"/ M"9 m /t : The labour movement and trade unions are used synonymously. But that is not so# as labour movement is conceived as 4'll of the organised activity of &age-earners to better their o&n conditions either immediately or in the more# or less distant future.. 'ccording to# 5rof. "ole# ,abour movement implies in some degree# a community of outlook# it is an organisation# or rather many forms of organisations based upon the sense of a common status and a common need for mutual help. %t emerges from a common need to serve a common interest# 4%t seeks to develop among &orkers a spirit of combination# classconsciousness and solidarity of interest and arouses a consciousness# for self-respect# rights and duties. %t creates organi6ation or organi6ations for their self-protection# safeguarding of their common interest and betterment of their social and economic position. ' trade union is an essential basis of a labour movement for &ithout it the labour movement cannot e7ist# because trade unions are the principal schools in &hich the &orkers learn the lesson of self-reliance and solidarity.4 .ften there is to be found a lot of confusion on the use of the &ord labour movement and 8trade union movement8. Ho&ever# there is a slight distinction bet&een the t&o. The labour movement is 4for the &orker4# &hereas the trade union movement is 4by the &orker4. This distinction needs to 8be noted all the more because till the &orkers organised themselves into trade unions# efforts &ere made# mainly by the social reformers# to improve the &orking and living conditions of labour. These efforts should be taken as forming a part of the 8labour movement8 and not that of the trade union movement. %n %ndia# the labour movement started from 19:;# &hen a number of measures through legislation# administration and &elfare &ork# &ere taken by the government# the social &orkers and the enlightened employers. The trade union movement on the other hand# started after 1<19# &hen the &orkers formed their associations to improve their conditions. %t is# thus# a part of the 8labour movement8. &hich is a much &ider term. W4$ t4 T%+! U/i"/ M"9 m /t;

The main elements in the development of trade unions of &orkers in every country have been more or less the same. The setting up of large-scale industrial units# create conditions of &idespread use of machinery# ne& lines of production and brought about changes in &orking and living environment of &orkers# and concentration of industries in large to&ns. 'll of these developments introduced a ne& class of &orkers >that is# &ageearners? &ho &ere dependent on &ages for their livelihood. They &ere at a disadvantage in an 8age &hen the doctrine of laisse faire held the field.%n the absence of collective action# they &ere ruthlessly e7ploited# and had to &ork hard for unbelievably long hours# from sunrise to sunset# in dark and dingy factories and under very tiring conditions and the protest by indiv1dual&orkers could have no effect on the employers because of the plentiful supply of labour. The &orkers had# therefore# to oin together# at least to maintain# if not to improve# their bargaining po&er against the employers. -here oint action &as inadequate# the practice &hich &orkers evolved &as oint &ithdra&al from &ork. %t &as this labour protest on an organised scale# through the support of some philanthropic personalities. That organised labour unions came to be formed.

)%"7t4 +/! D 9 -"<m /t "= t4 T%+! U/i"/ M"9 m /t

The gro&th and development of. the labour - movement # and for that part of the trade unions# in %ndia# can be divided into follo&ing periods# each of them revealing different tendencies that mark it from others. 1' S",i+- W -=+% < %i"!* F%"m 11>3 t" 1911.# 2' E+%-$ T%+! U/i"/ < %i"! * F%"m 1911 t" 1924. # 2' L =t# Wi/8 T%+! U/i"/i&m < %i"! * F%"m 1924 t" 1924.# 4' T%+! U/i"/ U/it$ ? %i"! * F%"m 1923 t" 1921. 3' S ,"/! W"%-! W+% * F%"m 1929 t" 1943. @' ?"&t I/! < /! /, < %i"! * F%"m 194> t" !+t . >' ?% & /t &, /+%i"# SOCIAL WELFARE ?ERIOD *11>3 TO 1911. The development8 of 8industries led# to large-scale production on the one hand and social evils like 8employment and e7ploitation of &omen and child labour and the deplorable. &orking conditions# the government attitude of complete indifference in respect of protection of labour from such evils2 on the others !ome of the &orst features of industrialism marked the history of early factory system in %ndia. %n certain respects# conditions of labour in %ndian factories &ere &orse than in the early factories in 1ngland. /nfortunately there &as no effective public opinion &hich could represent the sufferings of the &orking class. 4The &orkers &ho &ere for the most part villagers endeavoring to improve their position by a temporary alliance to industry8 &ere submissive and unorganised2 and if conditions became too distasteful# the natural remedy &as not a strike but abandonment by individuals of the mill or of industry generally or 4they migrated to other industrial centres or &ent back to their villages. There &as no attempt at collective bargaining or at obtaining 8redress through concerted action.4 %t &as at this uncture that the %ndian humanitarians# like !orab ee !hapur i Bengali >19:;? and 0.*. ,okhanday >in

199@? &ho themselves &ere factory &orkers# dre& attention of the government to&ards the unhappy &orking. conditions of the labourers and demanded an early legislation to protect their interests. 't the same time# the ,ancashire interests also forced the British government to restrict the employment of &omen and child labour in %ndian industries# not on any humanitarian ground# but on the ground of their o&n protection from cheap %ndian goods. 'ccordingly the %ndian Aactories 'ct &as passed in 1991# and then am3nded in 19<1 and 1<11# respectively. These 'cts introduced some improvements in regard to shorter hours# and conditions of &ork for children and &omen labour. The labour movement in %ndia# rather# started very late# though the history of modem industrialism in %ndia began as early as 19;B. The Aactory "ommission in >19:;?# the Aactories 'ct >1991?# the investigation of *eade *oor >in 19:@?# the second Bombay Aactory "ommission in >199@?# the &orkers8 meeting organised in Bombay >in 199@? and the submission by them of a memorial to the !econd Bombay Aactory "ommission# and investigation of Cones >a ,ancashire factory inspector and the holding of a mass meeting in Bombay >on 'pril 31# 19<B? &hich &as attended by about 1B#BBB&orkersand the submission to the government of another memorial signed by about 1:#BBB &orkers &ere the important events &hich nursed the infant labour movement. The memorial demandedD >i? a complete day of rest every !aturday2 >ii? half an hour8s rest at noon2 >iii? &orking hours no longer than E.=B p.m.# &hich should cease at sunset2 >iv? the payment of &ages not later than the 1;th of the month in &hich they &ere earned2 >v? payment to in ured &orkers until they recovered together &ith suitable compensation# if they are permanently disabled. The year 199@ can legitimately be regarded as the beginning of the labour .movement. The mill o&ners agreed to grant a &eekly holiday to &orkers. 1ncouraged by this success# Bombay *ill hands 'ssociation &as formed in 19<B by 0.*. ,okhanday. The purpose &as to provide a clearing house for the grievances of mill &orkers and to help in dra&ing public attention to the cause of labour. This &as the first union in %ndia &hich earned for its founder the title of being the 4first trade unionist4 of the country. He also published (inbhandhu# a &orking ne&spaper# to place before the authorities and the employers# the legitimate grievances of &orkers. %n subsequent years a number of unions &ere formed# such asD >a? The 'malgamated !ociety of Fail&ay .servants of %ndia and Burma for 1uropean and 'nglo-%ndian rail&ay employees? to cater to their economic needs# through mutual insurance schemes .The 5rinters8 /nion of "alcutta# 1<B;2 the Bombay 5ostal /nion# as also at "alcutta and *adras 1<B:2 the )amgar Hit&ardha !abha# 1<B<2 and the !ocial !ervice ,eague# 1<1B. These associations# &ere loose organi6ations# more than for &orkers. The leaders &ere primarily social reformers belonging to the moderate schools of politics. The !athyashodhak !ama in *aharashtra2 the non-Brahmin movement in *adras# #the Theosophical !ociety in *adras# and Brahmo !ama in."alcutta &ere other early associations of &orkers &hich took philanthropic interest in the general masses. The ob ectives# of these associations &ere to

promote &elfare activities# spread literacy among the factory &orkers and redressed grievances through constitutional methods. These associations &ere not trade unions. They attempted to ameliorate the &orking conditions of the factory &orkers in their o&n limited sphere of activities. These different associations &ere not affiliated to any central organi6ation or federation. They only focused public attention to the necessity of improving the &orking conditions in the factories and laid foundations for the establishment of trade unions# &hich came into e7istence after the Airst -orld -ar. (uring this time# a number of employers organisations &ere also formed to safeguard their common interests &hich needed common action in respect of &ages and conditions of &ork. The organi6ations that &ere formed during 19:<-1991# &ere the Bombay and Bengal "hambers of "ommerce2 the Bombay *ill .&ners8 'ssociation2 the "alcutta Traders 'ssociation2 the British %ndian 'ssociation. The %ndian Cute *anufacturers 'ssociation and the %ndian "hamber of "ommerce. The associations of employers had one common ob ective in vie&# namely# to run factories in such a manner as to ensure a ma7imum return on their investment. Hence# they did not favour any action &hich could lead to reduction in profit. They# therefore# adopted strong attitude to&ards the recurrence of strikes. %n many factories in Bombay# the usual practice of the employers &as to dismiss the persons striking and to forfeit the &ages of such &orkers. Being short lived# these association did not en oy any continuity and &ere disbanded as their immediate demands &ere met. The movement received a setback on the death of the t&o pioneers and nothing remarkable happened during the succeeding years. Ho&ever# during the first decade of the 3Bth century there &as some spurt iil the movement. Giri observes that 4bet&een 1<B@ and 1<11# there &as a remarkable advance in the organisation of the labour movement. '.strike in Bombay mills# a series of strikes in rail&ays >specially in the 1astern Bengal Fail&ays?# in the rail&ays &orkshop# and in the government press in "alcutta occurred prominently The clima7 in the labour movement &as reached &ith the E-day political mass strike in Bombay in 1<B9 against the sentence of E years imprisonment of ,okmanya Bal .Gangadhar Tilak for offence of sedition. This strike highlighted the beginnings of the political consciousness of the %ndian &orking class. But trade unions in %ndia had yet confined# by and large# to the upper ranks of the &orking class# i.e 1uropean and 'nglo %ndian rail&aymen and government employees trade unionism in the organised industry &as anything but local# loose and sporadic in character. The political factors associated &ith the partition of Bengal and the !&adeshi *ovement of 1<B; also helped the movement. Ho&ever# t&o factors &ere responsible for the slo& steady gro&th of the 8movement# namely# the slo& and gradual proletarisation and the &eakness and disability of the %ndian &orking class. The labour movement till 1<194 &as strictly constitutional and relied mainly on moderate methods such as investigations# memoranda# petitions2 legal enactments# committees and commissions. The most noticeable features8 of the period# 19:;-1<19 - &ereD >1? "omplete absence of radicalism in the labour movement. The methods used by the

&orkers &ere characterised by a tendency to petition# memorials and seek redress of grievances by mild pressure. These methods reflect the influence of leaders like 0aryan *egha ee ,okhanday# !hapur ee Bengali# !.0. Banei ee# and others &ho &ere all political moderates and la& abiding persons. They &ere rather social &orkers desirous to serve the society through amelioration. 4-ith these characteristics#4 &rites 5unekar# 4the labour movement could hardly tackle such problems as e7cessive hours of &ork# fe& holidays# irregular payment of &ages# incompetency of mill managers# inadequate fencing of machinery and the illventilated and filthy state of many &ork places. >3? The movement depended greatly on e7ternal philanthropy. 45hilanthropic agitation &as the fore-runner of labour movement in %ndia and having originated in philanthropy its motive force &as sympathy rather than ustice. Born of philanthropy. %t &as a movement for the &orkers rather than by the &orkers. >=? *ost of the organisations &ere unstable and of loose type# as they lacked definite aims and constitution. .nce the particular grievance &as settled the association &ould disband. >@? There &as little conception of permanent trade union membership# 8the payment Hdues or organised collective bargaining. 'bout the Bombay *ills and 'ssociation# (utt observed# 4The 'ssociation has no e7istence as an organised body# having no roll or membership. no funds# no rule...4 >;? The movement developed mostly among the educated class of &orkers such as the postal clerks and rail&ay employees. %t# ho&ever. did not make much progress in organised industries like te7tiles# mining and plantations. >E? The early leadership &as provided by three types of persons. Airst# intellectuals such as la&yers# reformers# editors# teachers and preachers# &ho readily came for&ard to organise and lead the &orkers. !econd# the careerists# &ho sa& in the needs of &orkers opportunities for furthering their o&n ends# umped in masquerading as labour leaders.The third group from &hich labour leaders emerged consisted of politicians and nationalists like B.5. -adia# I.I. Giri# *. Iardara ulu 0aidu# B. !hiv Fao# 'nnie Besant and B.G. Tilak# 0.*. Coshi. 'ccording to 5andey. the important factors &hich have helped in the emergence and gro&th of the industrial labour movement areD >1? -hile the economic hardships of &orkers have been present as a latent force. The impetus for the gro&th of labour movement is provided by the ma or political currents# particularly movement for 8national independence.

>3? The failure of &orkers8 initial attempts to organise led them to seek the help of. philanthropists and social &orkers to generally came from classes higher in economic and social status. Thus. the main characteristics of these early efforts of forming labour associations &as their lack of continuous organanisation. These associations e7isted but they &ere not an organic gro&th out of the &orking class. -orkers supported their association &hen it suited them such as during# strikes or in order to get benefits from &elfare activities. .ther&ise they ignored the associations. Hence# they &ere usually &eak. The entire period4 on the &hole2 has been divided into -t&oD first# the Fegulation 5eriod >19:;-19<1?# &hen the child and &omen labour in factories &as# regulated by legislation. such as the Aactories 'cts of 1991# and 19<12 second# the 'bolition 5eHod >19<1-1<1:? &hen a successful protest &as made against the indentured system under &hich %ndian labourers &ere sent out to British colonies to &ork as plantation labour. By some# this entire period has been termed as the period of temporary organisations and a period of labour movement rather than that of the trade union movement because during this period a number of loose organisations and social service agencies or &elfare societies came to be set up. *2. EARLY TRADE UNION ?ERIOD *1911#1924. The year 1<19 &as an important one for the %ndian trade union movement. 4%t marked the start of a ne& era# an era of gro&th and one in &hich the leadership of the trade unions &as to pass from the hands of the social &orJ>ersinto the hands of the politicians. The movement could take permanent roots 8in the %ndian soil only afteD the close of -orld -ar %. This situation &as due to i?The industrial unrest that gre& up as a result of grave economic difficulties created by &ar. The rising cost of living prompted the &orkers to demand reasonable &ages for &hich purpose they united to take resort to collective action. >ii?The !&ara movement intensified the movement# &idened the gulf bet&een the employers and the employees and brought about a mass a&akening among the &orkers demanding racial equality &ith their British employers. The ne& consciousness produced restlessness# discontent# a spirit of definance as &ell as a ne& ideal and aspirations. >iii? The success of the Fussian Fevolution of 1<1: created a revolutionary &ave of ideas and a ne& self-respect and enlightenment# and added momentum to the feeling of classconsciousness among labourers. >iv?The establishment of the %.,...# in 1<1<# gave dignity to the &orking class and also an opportunity to send a delegation to the annual conference of this body. %t &as from this body that labour movement in various countries derived their inspiration# help and guidance.

>v? %mmediately after the &ar many %ndian soldiers >&ho previously belonged to the &orking class? in the British army &ere demobili6ed and forced into the labour market. These e7-soldiers &ho had seen &orkers and the &orking conditions in 1urope .found that -estern &orkers en oyed better conditions of living because of their greater solidarity and of more opportunities available to them but %ndian &orkers &ere denied these opportunities. By 1<3B# a large class of genuine proletariat developed. Hence# these &ere ne&8 opportunities for the creation of trade unions. >vi?The non co-operative movement of Gandhi i during 1<3B-31and his support to the demands of industrial labour also greatly influenced the &orking class movement. 't #about this timeD many unions &ere formed# such as the %ndian !eamen8s /nion both at "alcutta and *umbai# the 5un ab 5ress 1mployees 'ssociation# the G.%.5. Fail&ay -orkers/nion# Bombay# *.!.*. Fail&aymen8s /nion# *adras# the *adras Te7tile# ,abour .nion# the 5ostmen and 5ort Trust 1mployees /nion at Bombay and "alcutta# the Camshedpur ,abour 'ssociation# the %ndian "olliery 1mployees8 'ssociation of Charia# and the unions of employees of various rail&ays. The *adras Te7tile /nion &as the first union io the modern sense &hich &as formed in 1<19 by B.5. -adia. T4% =+,t"%& 7 % % &<"/&ib- ="% it& ="%m+ti"/0 1. e7tremely short interval for mid-day meal# 3. frequent assaults on &orkers by the 1uropean assistants# =.inadequate &ages in the face of rapidly increasing prices. This union adopted collective bargaining and used trade unionism as a &eapon for classstruggle. The union &as successful in getting the mid-day interval e7tended to an hour. %t also tried to bring about the upliftment of &orkers by opening a co-operative society and a library for its members. 'ltogether# 1: ne& unions &ere formed bet&een the end of 1<1: and the end of 1<1<. 3:%n 1<3B# a !pinners8 /nion# as &ell as -eavers8 /nion# &as formed at 'hmedabad at the initiative of *ahatma Gandhi. The Te7tile ,abour 'ssociation &as formed in 1<3B at the initiation of Gandhi i. %t adopted the ideology of Truth and 0on-violence as its means to get the demands fulfilled. .n .ctober =B# 1<3B# representatives of E@ trade unions &ith a membership of 1@B#9;@# met in Bombay and established the 'll-%ndia Trade /nion "ongress under-the chairmanship of ,ala ,a pat Fai %t had the support of such national leaders like ".F. (as# !ardar Iallabhbhai 5atel# *oti ,al 0ehru# C#,. 0ehru# !ubhash "handra Bose# Gul6arilal 0anda and others from the %ndian 0ational "ongress. This loose# federal organisation &as brought into being chiefly to facilitate the selection of delegates to represent %ndian labour at the 11.Bconference# but it also set before itself the task of co-ordinating the activities of several individual unions e7isting in the country# promoting the interests of lndian labour in economical# social and political matters and mobilising the labour force in the service of the !&ara movement. The total number of unions affiliated to '%T/" &as 13; &ith a membership of 3.; lakhs. The &orkers organisations sprang up all over %ndia chiefly in the ute and cotton te7tiles#

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in the rail&ays and among the tran!port &orkers in general. The subsequent inter-&ar period sa& the consolidation of the trade union movement# the assertion of the rights of the &orkers# periodic industrial strike and first attempts in evolving a machinery for the prevention and settlement of industrial disputes. %t is estimated that bet&een 3.; and ;.BB lakh &orkers &ere organised into unions at this time. The trade unionism# after 1<1<# spread to centres other than "hennai2 'hmedabad and Bombay. Giri observed that# 4(uring the quinquennium ending 1<3;# the number of unions increased nearly four-fold and their membership increased much more. The labour movement &as truly united and there &as complete harmon=.8and co-operation among all sections of the &orking class. %n the &ords of the Foyal "ommission on ,abour# 4The &orld-&ide uprising of labour consciousness e7tended to %ndia# &here# for the first time# the mass of industrial &orkers a&oke to their disabilities# particularly in the mattK of &ages -and hours8 and to the possibility of combination. The effect of this surge &as enhanced by political turmoil &hich added to the prevailing# feeling of unrest and assisted to provide a &illing leader of a trade union movement. The influence of nationalist politics on the labour movement had mi7ed results. %t added intensity# but it also tended to increase bitterness and introduced in the minds of many employers a hostile bias against the movement. This# in turn tended to obscure the ustice of many of the demands made through the movement &as based on genuine and pressing needs. The movement ho&ever#did not make any steady progress in the &ell established te7tile industries. %t &as8 developed only in rail&ays# posts and telegraphs# shipping# engineering and communication but &as &eak amongst the mine# ute and cotton te7tile &orkers. ' ma ority of the unions &ere loose &ith very little continuity# formed fot some temporary and immediate purpose such as getting8 enhanced &ages and most of them &ere strike committees &hich liquidated as8 soon as the demands &ere8 met.Luite a good number of 8the unions 8that &ere formed &ere only in nameD %t is estimated that :;M of the unions formed during the period died in the subsequent period &hen trade unions activity &as at a lo& ebb. 'mong the political#leaders &ho entered into the trade union movement at this time &ere such national leaders as "DF. (as# *oti ,al 0ehru# Ca&aharlal 0ehru# !ubhash "handra Bose# I.I. Girl. Besides active "ommunist leaders like !hripat 'mrit (ange# !.!. *ira kar# )0. Coglekar# !I. Ghate# (hundira Thengdi# F.!. 0imbakar# 5hilip !pratt# and !. !aklat&ala. . *2. LEFT#WIN) UNIONISM ?ERIOD *1924#1924. %n 1<3@# a violent and long-dra&n-out strike by unions led to the arrest# prosecution# conviction and imprisonment of many communist leaders. The '%T/" emerged as8 the sole representative of the %ndian &orking class. By 1<3: it united ;: unions &ith a membership of 1;B#;;;. The rapid gro&th of the trade unionism &as facilitated by several factors# such asD (i) the gro&th of anti-imperalist national movement2 >ii?the brutal

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violence and repressive measures let loose by the British government# particularly the Callian&ala Bagh massacre# Fo&latt 'ct# indiscriminate arrests and imprisonment of national leaders and Satyagrahis; >iii?the phenomenal profits earned by the capitalists in the face of falling real &ages during the post-&ar period. By 1<3E-3:# &orkers and peasants8 parties sprang up in 1<39D various local units of these parties &ere united into an 'll-%ndia -orkers8 and 5easants8 5arty. %ts formation gave an impetus to the left influence in the &orking class movement and many trade unions opted for left &ing leadership. This resulted in a large number of strikes. %n 1<39# the man-days lost totalled to =1E lakhs. The communists regained their influence in the trade union field by organising the cotton mills &orkers of Bombay in the Girni )amgar Union >Fed flag? and the &orkers of the G.%.5. Fail&ay in G%5 Fail&aymen8s /nion. These t&o unions had ;@#BBB and @;#BBB members respectively. The communists &ere entrenched in the trade unions in Bombay# 'hmedabad# (elhi and "alcutta. The influence of the communists &as so great that the government had to stage in 1<3< one of the longest and costliest trials of the &orld >namely# the *eerut "onspiracy "ase? &hich lasted for @ N years and involved a total cost of Fs 3Blakhs. %n this strike as many as =1 ring leaders &ere arrested. The *eerut Trial attempted to crush .the movement. The moderates >like (i&an "hammanlal# I.I. Giri# 0.*. Coshi# B. !hiva Fao and Gurus&amy etc#? &ho &ere stigmati6ed as &eak-kneed# lost their hold in several industrial centres. T&o distinct parties gre& in the movement called by some as the -'Rightists' and 'Leftists' and by others 'Geneva-Amsterdam group' and 'Muscovites' Heated discussions took place on questions of international policies and ideologies of the &orking class movement. The ,eftists demanded that -the '%T/" be affiliated to the Third %nternational (i!e!" the ,eague against %mperialism -the 5an 5acific Trade /nion !ecretariat# *osco&?# a camouflaged communist organi6ation &hile the Fightist preferred the %nternational Aederation of Trade /nions >'msterdam?. !econd# 8Fightists# opposed militant action# social strikes# and demanded that trade unions should concern themselves more &ith economic issues rather than political action. .n the other hand the leftists argued that trade unions are class organisations the ultimate aim of &hich is to overthro& capitalism and establish a !ocialist society. They# therefore# pointed out that# the &orking class should resort to militant action and combine economic &ith political struggle in order to capture political po&er# Ainding compromise &ith the communists unacceptable the moderates >under the ,eadership of 0.*.Coshi? and the representatives of 3@ affiliated unions seceded from-the '%T/" saying that# 4the control and direction of the ne& ma ority in# the 17ecutive. "ouncil &ill be fundamentally opposed to the genuine interests ofthe &orking class.4 They formed 8a separate union - the A## $ndia %rade Union Aederation >'%T/A?.The split reduced the strength of the '%T/" from ;1 affiliated unions &ith a membership of nearly < lakhs to 31 unions &ith# a membership of <@ thousands. 'ccordingly as a result of-the split# the '%T/" resembled !amson 8shorn of his locks8. The ne& federation believed more in constructive policies of furthering the interests of the &orking class. By 1<=B# 1B@ unions &ere registered &ith a total membership of 3.@3 lakhs. %n 1<=1# there &as another rift in the '%T/" at the "ulcutta session due to the fundamental differences bet&een the communists and the left &ing unionists. The "omunists led by B.T. Fanadive and 8!.I.(eshpande# formed the Fed

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Trade /nion "ongress >FT/"?. Thus at the beginning of the thirties# the trade union movement presented a picture of disunity. There &ere three unions# namely# (i) the '%T/"# led by the Foyists and militant nationalists (ii) the '%T/A#led by "ongress nationalists and moderates. The radicals &anted to make it a mass organisation and use it as a platform for voicing political demands (iii) the FT/"# consisting of orthodo7 communists the ob ective of &hich &as dictatorship of the proletariat. Besides# there &ere some other independent organisations &hich follo&ed their o&n methods and policies notable among them being the 'll %ndia Fail&aymen8s Aederation >'%FAO and the Te7tile ,abour 'ssociation>T,'?of 'hmedabad. The '%FA originally started in 1<31 and after dormancy# again revived in 1<3;# gre& rapidly thereafter. 5ractically all the rail&ay unions &ere affiliated &ith it for the time being. *4. TRADE UNIONAS UNITY ?ERIOD *1923#1921. %n mid-thirties of the 3Bth century the state of divided labour movement &as natural thought undesirable and soon after the first split# attempts at trade union unity began to be made through# the efforts of the Foy Group on the basis of 8a platform of unity8. The initiative taken by 'll %ndia Fail&aymen8s Aederation >a neutral body? had sho&n fruitful results. This Aederation in its conference at Bombay# formed a Trade /nion /nity "ommittee in 1<=3. The "ommittee adopted the follo&ing 4platform of unity4D 4' tradK union is an organ of class-struggle2 its basic task is to organise the &orkers for advancing and defending their rights and interests. 0egotiation# representations and other methods of collective bargaining must remain an integral part of the trade union activities. %t also laid do&n certain broad conclusions agreeable to both &ings of labour H the '%T/A and the %0T/". The final decision &as taken in (elhi in 1<==K&hen 0ational Aederation of ,abour >0A,? &as formed to facilitate the attempt to&ards unit. The '%T/A and the rail&ay unions amalgamated themselves &ith the 0A, under the name of the 0ational Trade /nion Aederation >0T/A?. The 'lT/" and the FT/" ho&ever# remained aloof from these efforts. The division in the %ndian labour movement &as proving very costly for the %ndian &orking class. %n 1<==# more than ;B#BBB &orkers in Bombay city &ere thro&n out of employment. By 1<=@# almost every mill in Bombay brought do&n &ages by a substantial reduction. The total number of mandays lost &as @:.: lakhs as against 31.: lakhs in 1<==. The labour movement &as 4in the throes# of sharp gro&ing pains. %ts spirit &as shattered and its ranks &ere racked by fractional strife. /nder the circumstances unity in labour movement &as essential# %n 1<=;# the FT/" &as merged into the '%T/" the main features of &hich &ere The recognition of the '%T/" as the central organi6ation# the acceptance of the principles of class struggle and one union for each industry# the prohibition of affiliation &ith any foreign organisation# the provision of

13

choosing delegates every year for the %nternational ,abour "onference on the basis of ma ority. in the annual session of the Trade #.nion "ongress2 and the grant of the right consistent #&ith discipline8 of free propaganda and criticism to every group and party# &ithin the unified organisation. The unity efforts &e8re synchronised by a popular upheaval as evidenced by the 1<=: general elections. The %ndian 0ational "ongress approached the &orking class &ith the pledge that it &ould endeavourD 4To secure to the industrial &orkers a decent standard of living# hours of &orkand conditions of.labour in conformity# as far as economic conditions of the country permit# &ith international standards# suitable machinery for the settlement of disputes bet&een employers and &orkmen# protection against economic consequences of old-age# sickness and unemployment# and the right orP &orkers to form unions and to strive for the protection of their interests#4 's a result of this alluring manifesto# the "ongress Government assumed charge in seven states and a big change occurred. There &as a ne& upsurge of industrial unrest culminating in big strikes. %n. 1<=:# there &ere =:< strikes# &hich involved E.@: lakh &orkers and resulted in a loss of 9<.93 lakh mandays. The inauguration of the 5rovincial 'utonomy# the greater freedom en oyed &orkers from the "ongress ministries in the assertion of their rights to organise# the larger representation accorded to organised labour in various 5rovincial 'ssemblies and the diminishing attitude of hostility on the part of several employers to&ards trade unionism led to a remarkable increase in the number and membership of the unions. The number of trade unions increased from 3:1 in 1<=E-=: to ;E3 in 1<=9-=<#8and the membership rose from 3.E1lakhs to =.<< lakhs. The one important development of this period &as that through the efforts of I.I. Girl. The path to unity &as paved in 1<=9 in 0agpur &hen the '%T/" finally decided to accept the conditions of merger as laid do&n by the 0T/A. =: Thus# after < years of split the trade union unity &as complete in 1<@B &hen the 0T/A dissolved itself and merged &ith the '%T/" and the '%T/" again became the sole representative of the organised labour. 'ccording to 5unekar# 4(uring the decade 1<=B-@B %ndian trade# unionisK &as a divided house and the average industrial &orker kept himself aloof from organised action.4 *3. SECOND WORLD WAR ?ERIOD *1929#1943. The !econd -orld -ar# &hich broke out in !eptember 1<=<# created ne& strains in the #united trade union movement. These strains arose because of the different political factions in the '%T/" related in different &ays to the role of %ndia as a protagonist in the &ar. ' large group of trade unionists led by the members of the Fadical (emocraticD5arty >such as *.0. Foy# C. *ehra#*iss *aniben )ara and I.B. )arnik? &as of the opinion that the '%T/" should# support and participate in the anti-fascist &ar irrespective of the acts of omission and commission of the British8 government. 'n equally large number >supported by !." Bose and others? &ere opposed to that vie& on the ground that it &as an imperialist &ar of Great Britain &ith &hich %ndia had no concern. Hence# again a rift took place in 1<@1 and 8the Fadicals left the '%T/" &ith nearly 3BB unions &ith a membership of =#BB#BBB and formed a ne& central federation kno&n as the $ndian

1=

&ederation of La'our! %n 1<@3# this Aederation &as recognised by the government as an organi6ation representing %ndian labour class. The %A, calledD >i? for mobilisation of %ndian labour for conscious and purposeful participation in the industrial programme geared to the needs of the &ar and (ii)for securing for the &orkers bare minimum of &ages and amenities &hich the &artime conditions demanded and &ithout &hich maintenance of &orkers8 morale &as an impossibility. %n this effort it &as aided by the Government of %ndia# by providing large funds at the rate of Fs. 1=#BBB per month. The %A, gre& very rapidly and by 1<@@# it claimed 333 unions &ith a membership of @B:#::= &orkers. The shifts in the national political situation continued to affect the very fibre of the %ndian trade union movement. The8 t&o developments of significance in this connection &ere the German invasion of Fussia in Cune 1<@1 and the intensification of the struggle for %ndian %ndependence in 1<@3. -hen Hitler invaded Fussia# the communists abandoned their policy of opposition of &ar and declared their support. 's a result in Culy 1<@3 the communist leaders &ere released from ail. The %ndian 0ational "ongress had launched a policy of non-cooperation at# the beginning of the &ar. By'ugust81<@3# the political atmosphere had become highly charged and cries of. 4Luit %ndia4 fle& about like so many sparks of electricity. ' large number of "ongressites and !ocialists &ere arrested# &ith the result that the non-"ommunist strength# in the '%T/"# especially at the level of the top leadership d&indled and the organisation fell into the hands of the "ommunists. (uring &ar-time ceratin factors helped to enhance the status of the trade unions in the country# namely# >a? The government as &ell as employers launched number of labour &elfare measures &ith a vie& to increase production of &ar materials and other essential goods and maintain high profits. (') Fecognition to trade union &as accorded by many employers. This fact gave a moral strength to the unions. (c) Ban &as placed on the strikes and lockouts# during &ar-time# under the (efence of %ndia Fules 9C-'# and all disputes had to be referred to ad udication and their a&ards &ere enforced. (d) ' Tripartite ,abour "onference &as convened in 1<@3# for the first time# to provide a common platform for discussions and mutual understanding bet&een the labour and the employers. (uring &ar-time# the trade union Hstrength gre& from @3B in 1<=:-=9 to 9E; in 1<@@-@;2 and the membership from =.<B lakhs to 9.9<%akhs. The later years of &ar &itnessed an intense rivalry bet&een the trade unions# the 'lT/" and %A, for primacy in the field of leadership. The investigations in 1<@@# of the "hief "ommission of ,abour# gave verdict that 4'%T/" &as increasingly becoming more representative from almost every point of vie&# and that IFL 7+& gradually losing on that score.4 The basis of this decision &as that the membership of IFL &as only @B:#::= as against @;E#BBB of the '%T/". %n 1<@:# EB1 unions &ere affiliated to it &ith a membership of nearly 9 lakhs. Thus# by the end of the &ar there &ereD three principa1 political groups. in the DfieldD The "ommunist dominating the '%T/"2 the Foyist having a hold on the %A, and the 0ationalist and the !ocialist trying to build up a labour front &hich &as limited to only t&o centres- 'hmedabad and Camshedpur

1@

The impact of the !econd -orld -ar .#onDthe trade union# activity &as .tremendous..ne great qualitative change that had taken place in %ndian trade unions related to their ability to participate in negotiations &ith employers and the tripartite deliberations. THE ?OST INDE?ENDENCE ?ERIOD *F%"m 194> t" 2000. 's pointed out earlier2 when attempts to restructure the 'lT/" failed# those believing in the aims and ideals other than those of the 'lT/" !eparated from the organi6ation and estabtished the %ndian 0ational Trade./nion "ongress >%0T/"?in *ay# 1<@:. The reason for forming a ne& union &as e7pressed in# the communication ofG., 0anda >the !ecretary of the HD*.!.!.? addressed to all the "ongress-minded# trade #unionists. %t readsD 4"ongressmen in general and particularly those &orking in the field of labour# have found it very difficult #to co-operate 8any longer &ith the '%T/" &hich has repeatedly been adopting a course completely disregarding# or even in opposition to the declared policy and advice of the %ndian 0ational "ongress. The Hindustan *a6door !evak !angh convened a conference in 0e& (elhi .n *ay = and @# 1<@:. ' resolution &as adopted to set up another central organisatiLn. .n !eptember 3;# 1<@:# the -orking "ommittee of the %ndian 0ational "ongress recommended to all "ongressmen to get those unions# &hich they organised and of &hich they &ere the members# affiliated to the -ne&ly formed %ndian 0ational Trade /nion#4 ,ater# on Canuary 3B# 1<@92 !ardar Iallabhbhai 5atel# &hile addressing a labour rally at Bombay# e7horted the &orkers to do a&ay &ith the destructive leadership of the leftists &ho had been e7ploiting them for their o&n political ends and asked them to oin the %0T/". The creation of the %0T/" &as a confession both of the failure to create favourable conditions in the '%T/" and of the government and "ongress party impatient &ith the leadership of the '%T/" &hich had come completely under the domination of the "ommunists.

1;

The %0T/" &as formed by Hindustan *a6door !evak !angh# a creation of pro Gandhi &ing in the "ongress# &ho &ere associated &ith the Te7tile ,abour 'ssociation of 'hmedabad. The 'T,' became the8 guiding and driving force behind the %0T/". %t also supplied ;;#BBB of the %0T/ initial membership of ;:;#BBB.@3 The long e7perience of the 'T,' in trade union affairs also resulted in a large proportion of the %0T/" leaders coming from 'hmedabad. 's .ranti puts it# 4%deologically as &ell as administratively the bloodstream of the %0T." flo&s from 'hmedabad. Here the 'T,' provides it &ith a strong membership nucleus# a rich treasury# and a cadre &ith a long e7perience in labour &ork.4 The l0T/" itself oined the %nternational "onfederation of Aree Trade /nions >%"AT/?as ap affiliate. The %0T/" had at the time of its inception 3BB unions affiliated &ith it &ith a membership of ;:;#BBB. %t gre& rapidly in strength and it had the claim of being recognised as 4the most representative central organisation of organised labour in %ndia4. The 'lT/"# &hich for nearly =B years had been considered as the 4Ioice of %ndian ,abour#4 thus lost its premier position.@@'ccording to its sponsors# 4the %0T/" represented an attempt to go to the &orking class &ith a ne& and fresh approach to the solution of the problems.

1E

The %0T/" &as founded for establishing an order of society &hich is free from hindrances to an all-round development of its individual members &hich fosters the gro&th of human personality in all its aspects and &hich goes to the utmost limit in progressively eliminating social# political and economical e7ploitation and inequality# the profit motive and economic activity and organi6ation of society and the anti-social concentration of po&er in any form. !ince the beginning the %0T/" shared and supported the political outlook of the %ndian 0ational "ongress its popular image &as identified &ith that of the "ongress# and hence# its policies are sub ect to directives of the "ongess party. The constitution of the %0T/" emphasi6es negotiation. conciliation and# if necessary# the ad udication of industrial disputes. %t believes in democratic and peaceful methods# &hich are in harmony &ith the traditions# culture and# # aspirations of the people. -hen the !ocialist group broke a&ay from the "ongress in 1<@9 and formed a ne& political party >5ra a !ocialist?#socialist trade union leaders &ho &ere operating &ithin# the %0T/" seceded from it and formed.a ne& central trade union orqanisation called the Hindustan *a6door (anchayat >H*5?.This organi6ation and the %ndian Aederation of ,abour came together under the name of )ind Ma*door Sa'ha >H*!?#the main ob ective being to organi6e and promote the establishment of a democratic socialist society. The H*! &as launched ostensibly &ith a vie& to 4keep the trade union movement from domination by government and political parties and the methods to be employed &ere .to be peaceful# legitimate und democratic. ' group of left-&ing trade unionist dissatisfied &ith the attitude of the ma ority of the socialist party# &ho had influence in the H*!# formed yet another organisationD /nited Trade Union "ongress >/T/"?in 1<@<# 4to conduct trade union activity on the broadest possible basis of trade union unity# free from sectarian politics4. ,ed by leaders of the leftist parties the /T/" co-operated &ith the communists even# though opposed to the "ommunist party emphasis on violence. Thus by 1<@< the trade union movement &as split again-&ith the %0T/"# the8 '%T/"# the H*! and the /T/" representing the 8four rival groups and a fe& national federations and unions remaining unaffiliated &ith any of them. The close relationship of the %0T/" &ith -the-"ongress party# of the H*! &ith the !ocialist party# of the '%T/" &ith the "ommunist party2 and of the /T/" &ith the Fevolutionary !ocialist party and other splinter parties of the 8left &as and is indicative of the continuing political involvement of the trade union movement. 'fter 1<;3# a-number of efforts &ere made for bringing about unity in the movement. %n 1<;=# a oint meeting of the '%T/" and /T/" &as held but the negotiations failed. %n 1<;E various central organisations passed resolutions reaffirming their faith in the united movement and made attempts to reach some understanding. The %0T/" and the H*! tried to evolve a code of behaviour based on the lines of not creating rival unions# if the e7isting union &as strong and &ithdra&ing &eak unions# discuss common issues at the top in the beginning and if no agreement &as reached in those discussions# each

1:

organisation should be free to follo& its o&n course. The &orking committee of the H*! stated that 8a live and lasting unity must be on the prinicples of the internal democracy in the activities of the unified central organisation and affiliated trade unions2 freedom from e7ternal influence >from the interference by the government or political parties?2 and &orkers8 verdict in-the field of e7isting rivalries. The '%T/" elaborated these three principles and evolved a nine-point programme. %t appealed to all the central organisations to initiate a united campaign and movement to secure certain agreed demands. Ho&ever# nothing substantial came out. %n 1<;9# the general secretary of the %nternational "onfederation of Aree Trade /nions made an attempt to bring about unity bet&een the H*! and the %0T/ but the attempt failed as both the organisations felt that agreement &as inadvisable. %n 1<;9# the H*! and the /T/" reached an agreement to create a oint front against the '%T/" &hich &as &orking in roads in their membership. %n 1<;<.#a fe& unions led by the members of the !ocialist party seceded from the H*! and formed )ind Ma*door (anchayat! This is the organisation of the !amyukta !ocialist party and &as launched in 1<E3. %n 1<E3# a ne& organisation called +onfederation of &ree %rade Unions &as formed as a result of the active interest taken in its formation by the %nternational "onfederation of "hristian Trade /nions# and the support of the !&atantra 5arty. 't the .time of a "hinese aggression# the %0T/" and the H*! attacked the '%T/" for its communist leadership and accused it of anti-social activities. The %0T/" also demanded that it should be considered the only representative organi6ation as it had absolute ma ority against all the three unions combined. 4(uring all these years the talk of trade union unity &as very much in the air# but all ended in smoke. 0o organisational unity could be achieved bet&een the four organisations# the H*!# the '%T/" and the /T/" &orked together insome places or issues. The %0T/"# ho&ever# kept itself completely aloof from all such united front activities. There &as again a rift in the '%T/" in 1<:B# &hen the "ommunists divided themselves into the "5% and the "5*. The '%T/" came under the control of the former and the "5* started a ne& central organisation-the "entre of $ndian %rade /nion >"%T/?. The split in the %ndian 0ational "ongress in t&o separate groups in 1<:3 further resulted in a change in the %0T/". The Fuling "ongress retained its control on the %0T/" and the .rganisation "ongress >old? severed itself from the %0T/" and formed a ne& union ,-ationa# La'our .rganisation >0,.?.To this organisation are affiliated the unions in Gu arat and )erala. 'nother interesting development took place in *ay 1<:3. 't a series of discussions at the 3<th session of the !tanding ,abour "ommittee >Culy 3= and 3@#1<:B?# at the 3:th session of the . %ndian ,abour "onference >.ctober 33#.3=# 1<:1?# and at separate conferences &ith "entral .rganisations of Trade /nions held in 1<:1# there &as a limited accord among the representatives of the %0T/"# the '%T/"# and the H*! regarding the

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procedure to be follo&ed for the recognition of trade unions. The consensus &as that v6rltlcation of membership procedure &ill be resorted to if there &ere t&o large unions in a plant and that election by secret ballot &ould be held if such verification sho&ed a. difference of less than a pre-determined percentage. .n the basis of this consensus and also because of a strong feeling that the "%T/ union &as making significant gains in the trade union movement# a 0ational "ouncil of "entral Trade /nions >0""T/? &ith representatives of the '%T/"# the %K/" and the H*! &as set up to provide a common platform for trade union activities. The basic idea &as to isolate the "%T/. The latter soon set up a United +ounci# of %rade Unions >/"T/?in !eptember# 1<:3# as a rival body to the 0""T/. Ho&ever# since then# both these bodies have ceased to e7ist. 'fter the declaration of the 1mergency in the year again# the %0T/"# the '%T/"# and the H*! combined and oined &ith the employers8 representatives on &hat &as called the 0ational 'pe7 Body. -ith the lifting of the 1mergency and the installation of the Canata 5arty government at the "entre# this body ceased to e7ist The post-&ar period has been marked by the most rapid strides so far made by the trade union movement in %ndia. The most important factors beingD (i) The constant inflo& of outside and international influences2 >ii? The pressure of trade union rivalries often based on political or ideological differences2 >iii? Government8s %ndustrial Felations 5olicy &ith its provision for compulsory ad udication machinery. >iv? The enactment of labour la&s conferring special privileges on registered trade unions2 >v? (esire of &orkers to unite for safeguarding their interests especially to face harder conditions for labour such as retrenchment# lay-off# etc and >vi? 'ttempts made by some employers to set up unions under their influence. ?% & /t S, /+%i" "= t4 T%+! U/i"/ M"9 m /t The %ndian trade unions have come to stay no& not as ad hoc bodies or strike committees but as permanent features of the industrial society. The political# economic#8 historical and international factors have all helped the unions to get a legal status and they no& represent the . &orkers.They have succeeded in organising central /nion Aederations &hich help an the determination of principles# philosophy# ideology and purposes the unions and give some sense of direction to the other&ise scattered and isolated large number of unions. The unions have achieved a remarkable status &here8 their voices are heard by the Government and the employers# they are consulted on matters pertaining to improvement in conditions of &ork# health and safety# ob security# &ages # productivity all matters concerning the interests of labour. The unions have created for them a platform to air their vie&s2 policies and ideologies both at the state level and national level in the !tanding ,abour "ommittee and the# %ndian ,abour "onference.

1<

The reasons for multiplicity of unions &ere varied such asD The high aspirations of &orkers in the attainment of political independence. nonfulfillment and deterioration of their economic conditions and the recognition of unions for their participation in management and political involvement in the labour field# al% during the post-independence period# ' large number of small-si6ed unions arose at local level# but they &ere sub ect to infant mortality. The trade unions in %ndia have been allied &ith one or the other political parties# not in the nature of partnership based on equality and independence# as in 1ngland. but as mere ad uncts of the political parties. They are the hand-maids of the po#itica# parties. Trade union rivalries have become more sharp in free %ndia. The splitting up of unions and formation of ne& unions having sympathies &ith political parties have permeated unions operating at different levels. Through the status the unions have gained. the unions have been able to influence public policy# labour and industrial legilsation. They have played an important role in evolving suitable machinery of oint consultation to negotiate various issues bet&een labour and management. !ubtle changes are visible in the pattern .of political unionism &hich have led to an increasing recognition of the need for consolidating the gains and a diminished interest in purely political matters. These changes have manifested in three &aysD &irst . %here has developed a distinction bet&een political leaders &ith a secondary interest in labour union activity and labour leaders &ith a secondary political interest. *ore emphasis is being paid to labour leadership by giving pointed attention to the improvement of union cadres# finances and training in official administration. Second." the national federations have sho&n greater interest in long-term activities designed to build up personnel and organisational side of the trade unions# even &hile maintaining the patterns of rivalry. 0o& trade union federation arranges for the training of &orkers8 education4. %hird" there has been a greater recognition in practice of the need for unions to function as autonomous units rather than simply as appendages of the political parties.4

3B

B%B,%.GF'5H+
Written Sources:1. Kumar H.L, Labour Problems & Remedies, 8th dn. !. "ishra, S.#, Labour and $ndustrial Laws !%th dn. &. "ali' P.L, Labour and $ndustrial Law 11th dn. %. (.). Pai, Labour Law in $ndia, *ol. 1 +. ,r. *.(. (oswami, Labour & $ndustrial Laws, 8th d., -entral Law ./enc0 1. ,r. .2tar Sin/h & ,r. Har3reet Kaur, $ntroduction to Labour & $ndustrial Law, !nd d., !448, Le5is-#e5is )utterworths Wadhwa #a/3ur 6. Ludwi/ 7eller, Labour ,is3utes and -ollecti2e )ar/ainin/

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