A Critical Analysis Of The Law Of Recognition Of Trade Union In India

Author

Akriti Goyal, Nisha Chandoriya, Sneha Pachlashiya


Abstract

 Recognition of trade unions occupies a central place in the law and practice of industrial relations in India, since it determines which organisation is entitled to represent workers in collective bargaining with an employer. This paper examines the concept and historical development of trade unions in India, the absence of a uniform central legislation on recognition, and the resulting patchwork of state legislations, voluntary codes, secret ballot procedures, check-off methods and verification of membership that have been used to determine bargaining agents. The paper further analyses the framework for recognition of a negotiating union or negotiating council introduced under the Industrial Relations Code, 2020, together with the procedural mechanism proposed under the Draft Recognition Rules, 2021, and evaluates these provisions against the principles on freedom of association and collective bargaining developed by the International Labour Organisation. The study finds that while the Code represents a significant step towards a statutory recognition mechanism at the central level, inconsistencies between the Code and the Draft Rules, and the absence of an independent verification authority, continue to undermine the twin objectives of representativeness and independence. The paper concludes with suggestions aimed at strengthening the recognition framework and aligning it more closely with India's international labour obligations.


Keywords

Trade Union Recognition; Collective Bargaining; Industrial Relations Code, 2020; Negotiating Union; Secret Ballot; International Labour Organisation; Industrial Democracy; Representativeness.



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References


I. Statutes

  1. Industrial Relations Code, 2020.  
  2. Trade Unions Act, 1926.
  3. Kerala Recognition of Trade Unions Act, 2010.

II. Case Laws

  1. Automobile Products of India v. Association Of Engineering 1990 SCR (2) 177.
  2. Food Corporation of India Staff Union v. Food Corporation of India and Others, AIR 1995 SC 1344.
  3. General Secretary v. Government of Tamil Nadu, P.No.18850 of 2003
  4. Hind Mazdoor Kisan Panchayatt Vasavadatta Cement Workers Union v. The Commissioner of Labour and Registrar of Trade Union in Karnataka, 2001 LIC 3260 (Karn).
  5. MRF United Workers Union v. Government of Tamil Nadu, 2009-IV-LLJ 685 (Mad).
  6. Visakhapatnam Port and Dock Workers Union vs Board of Trustees, Visakhapatnam Port Trust 1999 (82) FLR 929.

III. Books

  1. Crouch Harold, Trade Unions and Politics in India, Manaktals, Bombay (1966).
  2. G. J.C. Knowels, Strikes, Oxford Basil Blackwell Edition 49 (1952).
  3. Myers, C A, Industrial Relations in India (Bombay: Asia, 1970).
  4. Ramaswamy, E A and Uma Ramaswamy, Industry and Labour (New Delhi: Oxford, 1981), p 105.
  5. Textiles Labour Association v. Padmaben Manilal Parmar, (2007) 1 GLR 527.

 

IV. Online Articles

  1. Centre for Education and Documentation, Remembering Manesar Notes on work, workers and workers organisations, http://doccentre.net/cc/cc_labour_strikes.pdf
  2. Code of Discipline, Recognition of Trade Unions, https://labour.gov.in/sites/default/files/Code%20of%20Discipline.pdf
  3. Gerhard Bry, Wages during War, Inflation and Dictatorship, https://www.nber.org/system/files/chapters/c2509/c2509.pdf
  4. Gernigon, Bernard; Odero, Alberto; Guido, Horacio, Collective bargaining: ILO standards and the principles of the supervisory bodies (ILO, 2009)
  5. Government of India, Proceedings of the Indian Labour Conference-12th session (Delhi: Government of India, 1952), 6-7.; Report of the Industrial Relations Law Committee (New Delhi: Government of India, 1978).
  6. Indian Express, Recognising trade union as negotiating council: Draft rules published, https://indianexpress.com/article/business/recognising-trade-union-as-negotiating-council-draft-rules-published/
  7. NIdirect government services, Introduction to trade unions, https://www.nidirect.gov.uk/articles/introduction-trade-unions
  8. Nishith Desai Associates, India: Trade Unions and Collective Bargaining, https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/India-Trade-Unions-and-Collective-Bargaining.pdf
  9. The Hindu, Draft rules of Industrial Relations Code suggest changes in TU recognition, https://www.thehindubusinessline.com/news/draft-rules-of-industrial-relations-code-suggest-changes-in-tu-recognition/article34482550.ece
  10. Vikram Shroff and Akshay Bhargav, Trade Unions Act and State Laws Provide Legal Protections to Trade Unions in India, https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Trade_Unions_Act_and_State_Laws_Provide_Legal_Protections_to_Trade_Unions_in_India.pdf

 

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