ASSIGNMENT

LLM – Labor Law – I Semester

Paper 2: Collective Bargaining and Trade Union Law
1. Critically analyse freedom of organization of labour under Indian Constitution. Are there
any limitations on such freedoms? If so examine them.

The Indian Constitution guarantees the freedom of association and the right to form and join trade
unions under Article 19(1)(c). This means that citizens have the right to organize themselves into
unions and to join unions of their own choosing. This provision is in line with international labor
standards, as recognized by the International Labour Organization (ILO).

However, there are certain limitations on these freedoms. The government can impose
reasonable restrictions on trade unions in the interest of public order or morality. Additionally, the
law prohibits the formation or joining of a union that promotes violence or incites disharmony. The
courts have also interpreted these restrictions in a way that limits the ability of trade unions to
effectively advocate for worker rights.

One such limitation is the requirement for prior government approval for strikes and lockouts,
which has been criticized for giving the government excessive control over labor disputes.
Additionally, the government has been known to use anti-union tactics such as mass dismissal of
unionized workers and the use of temporary workers to undermine union activities.

Another limitation is the requirement for the registration of trade unions, which has been
criticized for being a cumbersome and time-consuming process. This requirement can also be used to
deny recognition to unions that the government sees as a threat to its interests.

In conclusion, while the Indian Constitution guarantees the freedom of association and the right
to form and join trade unions, there are certain limitations on these freedoms that can be used to
restrict the ability of trade unions to effectively advocate for worker rights.

2. Explain the Trade Union Movement In India.

The Trade Union Movement in India began in the late 19th century, with the formation of the
Bombay Mill Hands Association. The movement gained momentum in the 1920s and 1930s, with the
formation of several national trade union centers such as the Indian National Trade Union Congress
(INTUC) and the All India Trade Union Congress (AITUC). These unions were mainly led by workers
from the organized sector such as railroads, ports, and mines.

The Trade Union Movement in India has been influenced by various factors such as
industrialization, political ideologies, and labor laws. The movement has also been shaped by the
country's colonial past and the struggle for independence. During the colonial period, trade union
activities were largely suppressed by the British government, and unions were mainly focused on
improving working conditions and wages.

After independence, the government adopted a more interventionist approach to labor relations,
enacting several laws to regulate industrial relations and provide protection to workers. However, the
trade union movement faced challenges such as the growth of informal sector and the increasing use
of contract labor.
 In recent years, the trade union movement in India has faced challenges such as the weakening of
collective bargaining power and the erosion of worker rights. The government has also been criticized
for not doing enough to protect workers and for not enforcing labor laws effectively. Despite these
challenges, the trade union movement in India remains an important force in advocating for worker
rights and improving working conditions.

In conclusion, the Trade Union Movement in India has a long history dating back to the late 19th
century. The movement has been shaped by various factors such as industrialization, political
ideologies, and labor laws. Despite facing challenges in recent years, the movement remains an
important force in advocating for worker rights and improving working conditions.

3. Explain the role of International Labour Organization for promoting the freedom of
organization and collective bargaining?

The International Labour Organization (ILO) is a specialized agency of the United Nations that was
established in 1919. Its main objective is to promote social justice and promote decent working
conditions around the world. The ILO promotes the freedom of organization and collective bargaining
by setting international labor standards and promoting the rights of workers.

One of the main ways the ILO promotes the freedom of organization is by developing conventions
and recommendations that set out the rights of workers to form and join trade unions. These
standards are legally binding for the countries that ratify them. The ILO also provides technical
assistance to governments and employers to help them comply with these standards.

The ILO also promotes collective bargaining by developing standards and promoting good
practices in this area. The ILO has developed conventions and recommendations on the right to
collective bargaining, the protection of the right to organize, and the promotion of collective
bargaining.

In addition, the ILO also provides technical assistance to governments, employers, and workers to
help them understand and implement these standards. This can include providing training and
capacity building, as well as helping to facilitate negotiations between parties.

In conclusion, the ILO plays a crucial role in promoting the freedom of organization and collective
bargaining by setting international labor standards and promoting the rights of workers. It provides
technical assistance to governments, employers, and workers to help them understand and
implement these standards, and thus contribute to the improvement of working conditions and social
justice worldwide.

4. Explain the "Concept of Collective Bargaining" and discuss the factors affecting successful
collective bargaining in India.

Collective bargaining is the process by which representatives of workers (usually trade unions)
and representatives of employers negotiate and come to an agreement on issues such as wages,
working conditions, and benefits. The concept of collective bargaining is based on the principle of
mutual agreement and the recognition of the rights of workers to participate in decision-making
regarding their terms and conditions of employment.

In India, the concept of collective bargaining is regulated by the Industrial Disputes Act, 1947
which provides for the recognition of trade unions as the exclusive bargaining agent for the workers
they represent. The Act also provides for the recognition of the right to strike and the right to lock-
out.
 However, the success of collective bargaining in India depends on a number of factors such as:

 Trade union density: A high density of trade unions increases the bargaining power of workers
and the chances of successful collective bargaining.
 Government intervention: Government policies and laws can either facilitate or hinder
collective bargaining. Excessive government intervention, for example, can limit the ability of
trade unions to advocate for worker rights.
 Employer attitude: Employers that are willing to engage in constructive dialogue and
negotiation are more likely to reach agreements with trade unions.
 Economic conditions: Economic conditions such as unemployment and inflation can affect the
ability of trade unions to negotiate favorable agreements.
 Legal framework: The legal framework can either support or hinder collective bargaining. Laws
that are favorable to collective bargaining will make it easier for trade unions to negotiate
agreements, while laws that are unfavorable will make it more difficult.

In conclusion, the concept of collective bargaining is a process by which representatives of

workers and employers negotiate and come to an agreement on issues such as wages, working
conditions, and benefits. The success of collective bargaining in India depends on a number of factors
such as trade union density, government intervention, employer attitude, economic conditions and
legal framework.

5. Comment upon Trade Union-Movement in India before and after independence?

The Trade Union Movement in India has a long history dating back to the late 19th century, with
the formation of the Bombay Mill Hands Association. The movement gained momentum in the 1920s
and 1930s, with the formation of several national trade union centers such as the Indian National
Trade Union Congress (INTUC) and the All India Trade Union Congress (AITUC). These unions were
mainly led by workers from the organized sector such as railroads, ports, and mines.

During the colonial period, trade union activities were largely suppressed by the British
government, and unions were mainly focused on improving working conditions and wages. The trade
unions were also influenced by the Indian nationalist movement, and the leaders of the trade union
movement were actively involved in the struggle for independence.

After independence, the government adopted a more interventionist approach to labor relations,
enacting several laws to regulate industrial relations and provide protection to workers. The Trade
Unions Act, 1926 was passed in order to regulate the registration and functioning of trade unions. The
government also nationalized several key industries such as coal, iron, and steel, which led to the
expansion of the organized sector and the growth of trade unions.

However, after independence, the trade union movement faced challenges such as the growth of
informal sector and the increasing use of contract labor. The government also adopted a policy of
labor flexibility which led to the weakening of the collective bargaining power of the trade unions.

In conclusion, the Trade Union Movement in India has a long history dating back to the late 19th
century. Before independence, the movement was mainly focused on improving working conditions
and wages, and was suppressed by the British government. After independence, the government
adopted a more interventionist approach to labor relations and passed laws to regulate industrial
relations and provide protection to workers. However, the trade union movement has faced
challenges such as the growth of informal sector and the weakening of collective bargaining power in
the recent years.
 6. Explain the meaning of "Union Security and discuss "Closed Shop", Union Shop" and "Open
Shop" concepts?

Union security refers to the measures that are taken to ensure the stability and continuity of a
trade union. Union security can take different forms, including the closed shop, union shop, and open
shop.

A closed shop is a type of union security arrangement in which an employer can only hire
individuals who are already members of the union. This means that in order to be employed, an
individual must first become a member of the union.

A union shop is similar to a closed shop, but it allows for a grace period during which new
employees can join the union. After this period, all employees must be members of the union in order
to keep their job.

An open shop is a type of union security arrangement in which an employer is not required to hire
only union members. Employees can choose whether or not to join the union, and the union cannot
discriminate against non-members.

In India, the Industrial Disputes Act, 1947 provides for the recognition of trade unions as the
exclusive bargaining agent for the workers they represent. However, the Act does not provide for any
specific type of union security arrangements such as closed shop, union shop or open shop.

In conclusion, Union security refers to the measures that are taken to ensure the stability and
continuity of a trade union. Union security arrangements such as closed shop, union shop and open
shop are different ways in which employers and trade unions can ensure that employees are members
of the union. The Industrial Disputes Act, 1947 in India does not provide for any specific type of union
security arrangements.

7. Define "Outsider in Trade Unions" and critically comment upon "the role of outsiders in
Trade Unions"

An outsider in trade unions refers to a person who is not a member of the union but who is
involved in union activities or decision-making. Outsiders can take different forms, such as
government officials, employers, or representatives of other organizations.

The role of outsiders in trade unions can be both positive and negative. On the positive side,
outsiders can provide valuable expertise, resources, and support to unions. For example, government
officials can help to enforce labor laws and provide mediation services during labor disputes.
Employers can also provide resources and support to unions, such as through collective bargaining
agreements.

However, the role of outsiders in trade unions can also be negative. Outsiders can try to influence
union activities and decision-making in ways that are not in the best interests of the union or its
members. For example, government officials may try to exert excessive control over union activities,
or employers may try to undermine union activities by using anti-union tactics such as mass dismissal
of unionized workers.

In India, the role of outsiders in trade unions has been a controversial topic. The government has
been criticized for not doing enough to protect workers and for not enforcing labor laws effectively.
Employers have also been known to use anti-union tactics such as mass dismissal of unionized workers
and the use of temporary workers to undermine union activities.
 In conclusion, an outsider in trade unions refers to a person who is not a member of the union but
who is involved in union activities or decision-making. The role of outsiders in trade unions can be
both positive and negative. They can provide valuable expertise, resources, and support to unions.
However, outsiders can also try to influence union activities and decision-making in ways that are not
in the best interests of the union or its members. This is particularly a concern in India where the role
of outsiders in trade unions has been controversial.

8. Critically appraise the "Rights and Liabilities of Registered Trade Unions".

The "Rights and Liabilities of Registered Trade Unions" are an important aspect of labor law that
governs the operations and activities of trade unions. These rights and liabilities are intended to
balance the interests of workers and employers, as well as to ensure that unions function in a fair and
responsible manner.

One of the key rights of registered trade unions is the ability to collectively bargain for better
wages, benefits, and working conditions for their members. This is an essential tool for workers to
improve their standard of living and to ensure that they are treated fairly by their employers.
Additionally, registered trade unions have the right to legally strike, which gives them leverage in
negotiations and allows them to advocate for their members' interests.

On the other hand, registered trade unions also have certain liabilities that they must adhere to.
One of these is the responsibility to represent their members fairly, without discrimination or bias.
Unions are also required to follow the law and not engage in illegal activities. Furthermore, they may
be held financially liable for any illegal actions taken by their members during a strike.

In conclusion, the "Rights and Liabilities of Registered Trade Unions" play a crucial role in
protecting the rights of workers while also ensuring that unions operate in a responsible and lawful
manner. These rights and liabilities are essential for maintaining balance in the workplace and
ensuring that the interests of both workers and employers are taken into account.

9. Define "Trade Union" and explain the procedure for Registration of Trade Unions. Is
registration compulsory for recognition of Trade Union?

A "Trade Union" in India is defined as any combination of workers or employers, whether

temporary or permanent, formed primarily for the purpose of regulating the relations between
workers and employers or between workers and workers, or between employers and employers, or
for imposing restrictive conditions on the conduct of any trade or business, and includes any
federation of two or more trade unions.

The procedure for registering a trade union in India is governed by the Trade Unions Act, 1926.
According to this act, the following steps are to be taken for registration of a trade union:

 The trade union must have at least 7 members, and the application for registration must be
signed by at least 7 members of the trade union.
 The application for registration must include the rules of the trade union, the names and
addresses of the office bearers, and a list of the members of the trade union.
 The application must be submitted to the Registrar of Trade Unions in the state where the
trade union's head office is located.
 The Registrar will investigate the application and may require additional information or
documents.
 If the Registrar is satisfied that the trade union has been formed and is being conducted in
accordance with the law, he will register the trade union and issue a certificate of registration.
 Registration of trade union is not compulsory for recognition of Trade Union in India, but it
provides many benefits such as legal recognition, protection of the rights of members and the ability
to negotiate and bargain with employers. Unregistered trade unions may struggle to be heard and
protected under the law, and their members may not be protected under labor laws.

In summary, Trade Union in India is defined as any combination of workers or employers formed
primarily for the purpose of regulating the relations between workers and employers. The procedure
for registering a trade union in India is governed by the Trade Unions Act, 1926 and registration is not
compulsory for recognition of Trade Union in India but it provides many benefits for the trade union
and its members.

10. Trace out the history of Trade Union movement in UK and USA.

The history of the trade union movement in the UK and the USA has been shaped by a variety of
factors, including political and economic conditions, social and cultural changes, and the actions of
individual workers and leaders.

In the UK, the trade union movement can be traced back to the early 19th century, when workers
began organizing to improve their wages and working conditions. The first trade unions were formed
by skilled craftsmen, such as the Society of Tailors in 1809 and the Amalgamated Society of Engineers
in 1851. These early unions were often small and focused on specific trades or industries. However,
they were also met with resistance from employers and the government, who saw them as a threat
to their power and profits.

In the late 19th and early 20th centuries, the trade union movement in the UK expanded and grew
more powerful. The Trade Union Congress (TUC) was formed in 1868, bringing together different trade
unions and providing a unified voice for workers. The Labour Party was also formed in 1906, giving
workers a political voice and representation in parliament. The Trade Union Act of 1871 granted legal
recognition to trade unions and protected the rights of union members.

In the USA, the trade union movement has a longer history dating back to the 19th century. The
first unions were formed by skilled craftsmen, such as the National Typographical Union in 1852 and
the Knights of Labor in 1869. However, these early unions faced significant resistance from employers
and the government, who saw them as a threat to their power and profits.

In the late 19th and early 20th centuries, the trade union movement in the USA expanded and
grew more powerful. The American Federation of Labor (AFL) was formed in 1886, bringing together
different trade unions and providing a unified voice for workers. The National Labor Relations Act of
1935 granted legal recognition to trade unions and protected the rights of union members. In both
countries, the trade union movement has faced challenges and setbacks over the years, but it has also
had significant successes in improving the wages and working conditions of workers.

In summary, the history of the trade union movement in the UK and the USA can be traced back
to the early 19th century, when workers began organizing to improve their wages and working
conditions. In the UK, the trade union movement was able to gain legal recognition through the Trade
Union Act of 1871, which protected the rights of union members. In the USA, the trade union
movement was able to gain legal recognition through the National Labor Relations Act of 1935, which
protected the rights of union members. Both countries have seen significant successes and challenges
for the trade union movement over the years.