Labour Law Project
Labour Law Project
LABOUR LAW I
Gandhinagar 20210401047
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Table of Contents
ABSTRACT................................................................................................................................................3
INTRODUCTION.......................................................................................................................................4
Conclusion.................................................................................................................................................10
References..................................................................................................................................................11
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ABSTRACT
A trade union, sometimes known as a labor union, is a group of employees that have united to
establish a cartel of labor and fight for shared objectives in important areas including pay, hours, and
working conditions. The country with the most trade unions is India. They have, however, advanced
extremely slowly. Despite the gradual expansion, the unions brought about considerable improvement of
the workers' social, political, and economic conditions. They have made a positive financial impact on
the workers' situation. Politically, unionism has given rise to a powerful secular opposition to capitalism,
A range of sectors have not been impacted by trade unionism. The extent of unionization varies
greatly throughout industries. Even while trade unions come in a variety of sizes and have thousands of
members, the majority of unions are still tiny in both size and membership. The majority of Indian
workers are impoverished, uneducated, and uninformed. The following issues arise from the dishonest
trade union leaders' exploitation of them. Trade unionism's political impact is unavoidable in
democracies. In this research paper, we will examine how the challenges faced by trade unions in the
twenty-first century have resulted in a historical evolution of the movement that was inextricably linked
Further this study talks about the historical development of trade union in India and evolution of
the trade union in India through 6 different phases. This study also provides analysis of what a trade
Key words - Organization; Common goals; Democracy; Liberation struggle; Trade unions
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INTRODUCTION
It follows that during the industrial revolution in the UK, which began in the eighteenth century
and quickly spread across Europe and other parts of the world, many trade unions were created. There
were the large scale factories, new techniques of mass production, machine revolution, and rapid
industrial development marked the industrial revolution. Obviously, the creation and opening of much
factories would inevitably create labor force shortages. As a result, the demand for both qualified and
non-qualified labour increased. The working class had no resources and did not know then; hence, they
were exploitated. The workers initially thought that their employers used unfair terms and conditions as
well as inadequate payment, which was readily replaceable with more money that the employees
needed. Initially, the working class realised that one individual could not claim against the injustice
nature of working conditions in the industry but eventually, they discovered that a group comprising of
several people who were termed as union could make an impact against the injustice nature of working
conditions within the industry Unions enabled workers to have a collective bargaining power to fight for
their own interest. Therefore, this idea resulted in establishment of trade unions.
An organised group of workers in a trade or profession who came together to advance their rights
and interests is known as a trade union. The Trade Union Act of 1926 governs the registration of trade
unions in India. Trade unions care about their members' social and economic well-being. Political
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Law and Amendments
The evolution of trade unions in India is heavily impacted by labour laws. The development of
social justice is the central tenet of Indian labour law. The International workers Organization's
establishment to enhance the standing of workers globally further fueled the need for properly
constructed labour laws in the country. Other internal forces, such the Royal Commission on Labour and
the Swaraj movement of 1921–1924, also paved the way for a number of labour laws and convinced the
drafters of the constitution to include provisions that will help workers. According to the Indian
Constitution, labour is a concurrent list topic, which means that both the federal government and the
One of the most important contributing factors to labourers' exploitation is their incapacity to
negotiate, particularly for those employed in the unorganised industries. They are the only legally
recognised trade unions with the ability to engage in collective bargaining. While there isn't a single law
in India that governs union registration, there is legislation that deals with union recognition. Parliament
approved the Indian Trade Union (Amendment) Act in 1947 as it became evident that union registration
required centralised regulation. The aforementioned Act sought to amend the Trade Union Act, 1926 by
adding Chapter III-A, which enumerated the requirements for any trade union to be recognised by law.
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Growth of Labour Union In India
The Indian trade union movement grew naturally over time. It began in the latter part of the
1800s and is still going strong today. It closely tracks India's industrial progress.
The establishment of jute and textile mills, along with the construction of railroads, in the 1850s
led to the revelation of labour abuses. While labour movements had their roots in the 1860s, the first
labour protest in Indian history took place in Bombay in 1875. S. S. Bengalee led the organisation that
was put together. It focused on the predicament of labourers, particularly women and children. As a
result, the first Factory Commission was appointed in 1875. As a result, in 1881, the first Factories Act
was established.
M.N. Lokhande founded the Bombay Mill Hands Association in 1890. In India, this was the country's
1) Rather than the workers themselves, social reformers gave the leadership.
2) Rather of focusing on defending workers' rights, the movements of this era primarily addressed
their welfare.
5) Their demands mostly concerned women's and children's rights in the workplace.
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1918–1924: The first wave of trade unionization
In India, the actual trade union movement began at this time. It was set up similarly to how
unions functioned in the industrialised world. Workers were more aware of their class as a result of the
First World War's worsening living conditions and more exposure to the outside world. This gave the
movement a good foundation on which to grow. The early trade union period is the name given to this
time frame. Notable unions include the Madras Labour Union, which is directed by B.P. Wadia, the All
India Postal and RMS Association, the Ahmedabad Textile Labour Association (1917), and others.
The earliest Indian trade union organisation, AITUC, was founded in 1920. Lala Lajpat Rai,
Joseph Baptista, N.M. Joshi, and Diwan Chaman Lall formed it. The AITUC chose Lajpat Rai as its first
president.
1) Poor living conditions resulted from the War's price spiral and the subsequent mass ensnaring
of labour. Worse than that, their miserable working circumstances made matters worse. As a
2) Their morale was raised by the Russian Revolution and other global events, such as the
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1925 – 1938 The momentary halt in Congress
There was a stronger sense of togetherness between various unions throughout this time. By
1937, the Indian National Congress had taken control of most of the provinces. As a result, an increasing
number of unions came out and joined the nationalist cause. AIRTUC and AITUC amalgamated in
1935. Provincial governments established several laws that granted labour unions greater authority and
legitimacy.
Congress ministries adopted a strategy of safeguarding industrial peace while advancing worker
interests. The goal was to achieve labor-capital reconciliation, with ministries vying for increased wages
and improved living standards. Strikes, however, were viewed as law and order problems by several
ministries. They suppressed it with colonial apparatus. The unions became quite resentful as a result.
The trade union movement also found favour with the administration. Its expansion was aided by
laws such as the Trade Unions Act of 1926 and the Trade Disputes Act of 1929. It gave the unions a lot
of privileges in exchange for a lot of responsibilities. This was a time when the left was in power. As
The workers' quality of life was severely reduced during World War II, which strengthened the
movement. A breach developed between the Congress and the Communists over the war effort. This
caused the movement to become even more divided, in addition to other problems. However, the
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compounding problems made the movement stronger overall. This includes the widespread post-war
The trade union movement was strengthened by laws such as the Bombay Industrial Relations
Act and the Industrial Employment Act of 1946. The movements became increasingly loud and active in
It was characterised by the rise in union membership. Under the direction of Sardar Vallabhbhai
Patel, INTUC was established in May 1947. Since then, Communists have grown to rule the AITUC. In
1948, the Praja Socialist Party sponsored the formation of the Hind Mazdoor Sabha. Later on, socialists
began to have an impact on it. Founded in 1955, Bharatiya Mazdoor Sangh is presently associated with
Unions and party politics grew more intertwined after independence. Due to the fact that every
regional party has chosen to establish its own trade union, there is an abundance of these parties.
Nonetheless, with the liberalisation that occurred after 1991, their power has slightly decreased.
Following its independence, India has also seen the convergence of several unions to tackle
shared problems. These include the devastating 1974 railway strike and the 1982 Great Bombay textile
strike. However, after 1991, it seems that popular support for these strikes has decreased. Additionally,
informal labour is receiving more attention. This is because unorganised labour is in a particularly
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vulnerable position. The unorganised sector has contributed more members to all of the main labour
unions.
Post-Independence Challenges -
3) Decreasing bargaining power as a result of management's neglect of its labour objectives and
issues
The labour unions are unable to effectively advocate for better working conditions and greater salaries
as a result of their failure to come together. There is always a chance that a more favoured group would
Conclusion
Over time, trade unionism in India has changed to meet the demands and overcome obstacles
encountered by the workforce. Trade unions have contributed significantly to the growth of the country,
particularly in the social and industrial spheres. To combat the widening wealth gap, uphold labour
standards, protect workers' interests, and encourage the adoption of moral corporate practises, a strong
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While it was long overdue to change numerous labour regulations, in order to achieve quicker
growth, it is imperative to strike a balance between the interests of investors and worker welfare. In
order to determine future policy choices, all parties involved in these expansive labour regulations must
engage in more thoughtful discussion. This would put India on a growth trajectory driven by
manufacturing that is on par with the best in the world, resulting in true self-reliance and a boost to the
References
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Mehta, A. (1957). The mediating role of the trade union in underdeveloped countries.
Ibsen, Christian Lyhne, and Maite Tapia. “Trade Union Revitalization: Where Are We Now?
Where to Next?” Journal of Industrial Relations, vol. 59, no. 2, 24 Feb. 2017, pp. 170–191,
https://doi.org/10.1177/0022185616677558.
Peter, and Peter Haynes. “Strategy and Trade Union Effectiveness in a Neo‐Liberal
Environment.” British Journal of Industrial Relations, vol. 35, no. 4, Dec. 1997, pp. 567–591,
https://www.jstor.org/stable/3024018
https://taxguru.in/corporate-law/evolution-trade-union-india.html
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