Trade Union
A trade union is an association of wage earners for maintaining and/or improving the conditions of their employment. As defined in the Chamber's Encyclopaedia "it is an association of wage-earners or salary earning people primarily for the purpose of collective action for forwarding or defending its professional interests". It is defined under s. 2A of the Indian Trade Union Act 1926. It has not grown out of old caste system or craft guilds though they contained rudiments of trade unionism. It was not originally created by law. Its struggle for recognition and realisation of its objectives and the problems of regulating its activities have been modified by law. Article 19(1)(c) of the Constitution of India gives all citizens the right to form associations and unions. The right to form a union is given by sub-cl. (c) of Art. 19, the right of the members to meet is guaranteed by sub-cl. (b) of Art. 19, their right to move from one place to another place within India by sub-cl. (d), their right to discuss their problems and to inter-change their views by sub-cl. (a), their right to hold property by sub-cl. (f) and so on each however being subject to such reasonable restrictions as may be imposed by els. (2) to (6) of Art. 19.4 An association of citizens cannot, however, claim the right and powers nor the facilities which are not guaranteed to citizens nor freedom from restrictions to which the citizens composing it are subject. The right to form a union under sub-cl. (c) of Art. 19 does not by any means carry with it a concomitant right that the unions formed for protecting the interest of labour shall be free from all interference except those justified on grounds of public order or morality. They are always subject to and governed by such laws, rules and ordinances as might from time to time be enacted to impose limitations and restrictions, the union of citizens might legitimately engage themselves. In any event trade unions have under Art. 19(1 )(c) no guaranteed right to an effective, collective bargaining or to strike either as part of its collective bargaining or otherwise. The right to strike or the right to declare a lockout is controlled or restricted by legislation, standing orders, ordinances and the validity of such legislation, standing order or ordinance is tested not with reference to the criteria /aid down in cl. (4) of Art. 19 but by totally different consideration.5
The enjoyment and fulfilment of the purposes of the trade union are not in all cases guaranteed by sub-cl. (c) of Art. 19(1). The right to be recognised and/or to represent the workmen is never an absolute right guaranteed by Art. 19(1)(c) though every member has the right to join a union of his own choice or refuse to be member of a union.6
Trade Union with reference to the law of contract. Section 27 of the Indian Contract Act 1872, declares any agreement by which anyone is restrained from exercising a lawful trade or profession, or business of any kind to that extent void. Agreements in restraint of trade are also bad as opposed to public policy under ss. 23 and 24 of the Indian Contract Act. Nevertheless s. 19 of the Trade Unions Act 1926, protects such agreement from being void or voidable on the ground that any of its objects is in restraint of trade when the same is between the members of a registered trade union. But no suit or any other action lies for recovery of damage for breach of conditions on which any member or members shall or shall not sell their goods, transact business work or employ or be employed in any trade. The English Act, i.e. s. 3 of the Trade Union Act 1871, gives complete protection to all unions whether registered or not.
A trade union can act through agents and, in doing so, it remains liable for costs, charges and expenses, negligence and defaults of agents.7
Nevertheless s. 18(2) of the Indian Trade Unions Act protects the trade union from any liability on account of acts of agents in cases when done without knowledge or against express instructions as registration of a union gives it a separate legal entity from its members. The union acts as agents of the members.
Section 23 of the Payment of Wages Act 1936, provides that any agreement or contract whereby any employee relinquishes any right conferred upon him by the Act is void in so far as the same deprives him of such a right.
Government servants have the right under Art. 19(1)(c) to form associations. The Government can control recognition in the interest of or efficiency and discipline of the employees. There is no fundamental right to obtain recognition of the Government.8
Trade union with reference to law of crime. Although s. 17 of the Indian Trade Unions Act 1926, protects all officers and members against offence under s. 120(B) of the Indian Penal Code (which refers to criminal conspiracy other than conspiracy to commit an offence) in connection with any contract or agreement as between them for promotion of the objects of the union (s. 15 of the Act) but nevertheless the immunity does not extend to criminal trespass, intimidation, molestation or violence (ss. 143, 340, 342, 352,425, 447 and 506, IPC).9 In the result peaceful strike or gathering together though permitted, unlawful confinement, criminal trespass, force, assault are not exempt from liability. In any event an agreement to commit an offence is never exempted under the criminal law of the land.10 A strike is illegal against contract to the contrary in the contract of employments.
The trade union is mainly a post-war organisation; nevertheless the idea dates back to early part of the 18th century. Before 1918, workers engaged in the industry were in an unorganised state. Working hours were inordinately long and wages were pitiably poor, education was practically nil and the conditions of workers were in fact humiliating so much so that workers were treated mere adjuncts of the machinery rather than human