ACKNOWLEDGEMENT

A research work of such great scope and precision could never have been possible without
great co-operation from all sides. Contributions of various people have resulted in this effort.
Firstly, I would like to thank God for the knowledge he has bestowed upon me.

I would like to express my heartfelt gratitude to Mr. Souradeep Rakshit for his valuable
inputs and guidance throughout my work and research. I owe acknowledgement to Mr. Santu
Lal Chickbaraik, our Librarians in-charge for permitting me to access the library whenever
required and for helping me out with the books. I would also like to thank my friends for their
endless efforts towards supporting me and encouraging me to work harder towards the
comprehensive objectives of this paper. This practical paper has helped me to attain greater
knowledge of the given topic and it was a pleasure to help my companions and share their
views.

This paper is a mere reflection of the support and well wishes that was ushered on me from
all corners without which it would never have been possible and I shall remain indebted.

Supervised by: Submitted by:

Mr. Souradeep Rakshit Abhishek Singh

(Signature) (Signature)

1
 DECLARATION

I, Abhishek Singh, hereby declare that the present project work entitled
Collective Bargaining and Trade Disputes undertaken by me as my B.B.A. LL.B. 5yrs 7 th
Semester curriculum is a complete work of mine. Every materials help, assistance and
sources used in completion of the undertaken project is duly acknowledged and referred by
me. It has been a bona fide effort and that no part has been plagiarized without citations.

Supervised by: Submitted by:

Mr. Souradeep Rakshit Abhishek Singh

(Signature) (Signature)

2
 RESEARCH METHODOLOGY

Research Aim and Objective

The research work is concerned with the key topic of Collective Bargaining and Trade
Disputes. The basic objective behind it is to examine and analyze the doctrine of collective
bargaining and its impact in India.

Scope and Limitation

The scope of the concerned research is limited to relevant provisions of the industrial laws
and the scope of the doctrine in India.

Research Question

The question that emerges through the research whirls around the concept of the doctrine;
strike and lock-outs being weapons of it and whether the applicability of the doctrine of
collective bargaining can be strengthened to settle industrial disputes.

Research Methodology

The research methodology in the concerned research clearly reflects Doctrinal, as well as
Analytical Research. The stated methods were considered for the given research; because of
its aptness towards the topic. The paper is analytical as well as descriptive in nature.

Mode of Citation

The Bluebook Uniform Mode of Citation has been adopted throughout the course of the
paper.

3
 TABLE OF CONTENTS

PARTICULARS PAGE NO.

Acknowledgement (i)

Declaration (ii)

Research Methodology (iii)

Table of Cases (v)

List of Abbreviations (vi)

1) INTRODUCTION 01

2) DEFINITIONS OF COLLECTIVE BARGAINING 03

3) ANALYSIS OF THE CONCEPT OF COLLECTIVE BARGAINING 05

4) THE PROCESS OF COLLECTIVE BARGAINING 13

5) STRIKE & LOCKOUT:METHODS OF COLLECTIVE BARGAINING 17

6) COLLECTIVE BARGAINING AGREEMENT 20

7) ILO CONVENTIONS ON COLLECTIVE BARGAINING 23

8) COLLECTIVE BARGAINING IN INDIA 27

9) LAWS RELATING TO COLLECTIVE BARGAINING IN INDIA 31

10) PROBLEMS OF COLLECTIVE BARGAINING IN INDIA 33

11) CASE STUDY: Tamil Nadu Electricity Workers Federation v. 34

Madras State Electricity Board

12) CONCLUSION 35

Bibliography (vii)

TABLE OF CASES

4
CASE PAGE

1) AP State Road Transport Corporation Employees Union v. APSRTC, 17

(1970) Lab IC 1225 (AP).

2) B.R.Singh v. Union of India, (1990) Lab IC 389. 17
3) Bharat Iron Works v. Bhagubhai Balubbai Patel, (1976) Lab. I.C. 4 (S.C.). 27
4) Conway v. Way, (1909) AC 506 (HL). 17
5) Kamal Leather Karamchari Sangathan v. Liberty Footwear Company, 27

AIR 1990 SC 247.

6) Poona Mazdoor Sabha v. G.K. Dhuta, AIR 1956 Bom. 743. 32
7) Ram Prasad Viswakarma v. Industrial Tribunal, (1961) I LL.J 504. 27
8) Shree Narayana Steel Rolling Mills v. Their Workmen, 52 FJR 1978. 19
9) Sri Ram Chandra Spinning Mills v. Province of Madras, AIR 1956 Madras 241. 19
10) Syndicate Bank v. K.Umesh Naik, AIR 1995 SC 319. 17
11) Tamil Nadu Electricity Workers Federation v. Madras State Electricity Board, 34

AIR 1956 Mad. 111.

12) Titagarh Jute Co. Ltd. v. Sriram Tiwari, (1979) Lab I.C. 523 (Cal). 27

LIST OF ABBREVIATIONS

AIR All India Reporter

AP Andhra Pradesh

Art Article

Bom. Bombay

Cal. Calcutta

e.g. Example

ed. Edition

HC High Court

ILO International Labour Organization

5
 ILR Indian Law Reporter

J. Justice

Honble Honourable

LLJ Labour Law Journal

Mad. Madras

p. Page

SC Supreme Court

SCC Supreme Court Cases

SCR Supreme Court Reports

Sec Section

UOI Union of India

v. versus

Vol Volume

BIBLIOGRAPHY

PRIMARY SOURCES:

Acts and Statutes-

1) The Constitution of India, 1950.

2) The Industrial Disputes Act, 1947.

3) Trade Union Act, 1926.

Cases-

6
1) AP State Road Transport Corporation Employees Union v. APSRTC,
(1970) Lab IC 1225 (AP).
2) B.R.Singh v. Union of India, (1990) Lab IC 389.
3) Bharat Iron Works v. Bhagubhai Balubbai Patel, (1976) Lab. I.C. 4 (S.C.).
4) Conway v. Way, (1909) AC 506 (HL).
5) Kamal Leather Karamchari Sangathan v. Liberty Footwear Company,
AIR 1990 SC 247.
6) Poona Mazdoor Sabha v. G.K. Dhuta, AIR 1956 Bom. 743.
7) Ram Prasad Viswakarma v. Industrial Tribunal, (1961) I LL.J 504.
8) Shree Narayana Steel Rolling Mills v. Their Workmen, 52 FJR 1978.
9) Sri Ram Chandra Spinning Mills v. Province of Madras, AIR 1956 Madras 241.
10) Syndicate Bank v. K.Umesh Naik, AIR 1995 SC 319.
11) Tamil Nadu Electricity Workers Federation v. Madras State Electricity Board,
AIR 1956 Mad. 111.
12) Titagarh Jute Co. Ltd. v. Sriram Tiwari, (1979) Lab I.C. 523 (Cal).

SECONDARY SOURCES:

Articles-

1) Das, B.B., Right to Strike: An Analysis.

2) Goger, Ronil, Perspectives on Collective Bargaining In India.
3) Paste, Jonathan, Labor Disputes, Trade Unions and Collective Bargaining.
4) Sharma, R.D., Collective Bargaining Trends in India.

Books-

1) Mishra, S.N., LABOUR & INDUSTRIAL LAWS, 27 th ed., Allahabad, Central Law
Publication, 2015.
2) Ganguly, D.K., COMMENTARY ON THE INDUSTRIAL DISPUTES ACT, 1947 WITH
ALLIED LAWS, 12th ed., Jain Book Agency, 2008.
3) Chaudhary, A.N., INDUSTRIAL DISPUTES ACT, 5th ed., Jain Book Agency, 2001.
4) Srivastava, Suresh C., LABOUR LAW AND LABOUR RELATIONS - CASES AND
MATERIALS, 3rd ed., Jain Book Agency, 2007.
5) Tripathi, N.M., LABOUR LAW AND LABOUR RELATIONS, Bombay,1968.
6) Schneider, V., INDUSTRIAL SOCIOLOGY, London, Mc GrawHill, 1971.
7) Dhyani,S.N., TRADE UNION AND THE RIGHT TO STRIKE, New Delhi, S. Chand &
Co. (Pvt.) Ltd.

7
Law Lexicon and Dictionaries-

1) Bryan A. Garner, Black's Law Dictionary, (2004), Thomson West.

2) Justice R.P.Sethi, Supreme court on Words and Phrases, 2nd ed. (2004).
3) Oxford English Dictionary, 10th ed., (2005).
4) P. Ramanatha Aiyar, Law Lexicon, 3rd ed. (2005), Vol. I, II & III.
5) Webster's Universal Dictionary, 1st ed. (1993).

Legal Databases-

1) www.indiancaselaws.org
2) www.indlaw.com
3) www.indiankanoon.org
4) www.judic.nic.in

Websites-

1) http://blog.ipleaders.in/collective-bargaining-in-india-laws-and-realities/
(Accessed on 3rd November, 2016)
2) https://arividam.wordpress.com/2012/10/20/cb/
(Accessed on 4th November, 2016)
3) http://www.unccr.ch/tbs/doc.nsf/(Symbol)/E.C.12.2002.12.En?Opendocument.(ILO%20)
(Accessed on 3rd November, 2016)
4) http://www.legalservicesindia.com/article/print.php?art_id=1441
(Accessed on 3rd November, 2016)
5) http://www.tradeunionindia.org/miscellaneous/public_rights.html
(Accessed on 4th November, 2016)