Trade Union

-Monica Rani
Visiting Faculty
Definition of Trade Union

 In general sense, trade union is a voluntary association

of workers constituted for promoting, advancing and
protecting their interest by means of united actions
formed with a view to secure maximum benefits, rights,
privileges and welfare of labour class.
Section 2(h)

 As per definition under this provision; a trade union may

be:
 Either permanent or temporary (for a specific time
period or dispute)
 Firstly, for regulating the relation between
 Workmen & Workmen
 Employers & Workmen
 Employers & Employers
 Secondly, for imposing restrictive conditions on the
conduct of trade or business.
 It may be a federation of two or more trade unions.
 Here trade may be understood as an occupation or way
of life.
 Following persons may constitute a trade union:
 Persons belonging to :
 A number of trades
 No trade
 A member might not be pursuing any trade
 A member might neither be workman not employer.
 Here importance has been given to the object of trade
union rather than its composition.
Objectives

 Economic relations with employers

 Beneficial provisions/schemes for workers in sickness
and unemployment
 Social and political objectives

 Though it is important to note that these objectives

must not be unlawful.
 Cases:

Rangaswami v Registrar of Trade Unions AIR 1962 Mad 231

 Employees of Raj Bhawan, Madras wanted to form a trade
union for securing better service conditions and to facilitate
collective bargaining with the employer. The union was
named as Madras Raj Bhawan Workers’ Union.
 The Court here held that even if the employees being
government employees were prohibited to form a trade
union; they cannot form a trade union as workers were not
employed in a trade or business carried out by the employer.
The services were purely personal in nature.
 The Court observed that:
 “Two distinctive features of an industry therefore are
(1) that the employer as well as the employees should
be engaged in the industry, however wide the meaning
of the term might be; and (2) there should be co-
operation between both of them for achieving the
particular result.”
 The fact that employees served the visitors and State guests of
Raj Bhavan or that unserviceable materials and surplus produce
of the gardens of the Raj Bhavan were occasionally sold did not
show that there was co-operation between the employer and
the employees for the purpose of a trade or business.
 The services rendered to the State guests were personal
services to them and indirectly to the employer. The occasional
sale of unserviceable articles and garden products were
incidents of the ordinary administration of Government
property. These functions were performed in accordance with
certain rules framed by the Government. Therefore, these
activities would not amount to a trade or business.
Delhi Police Non-Gazetted Karmchari Sangh & Ors. v Union
of India & Ors. AIR 1987 SC 379

 The Court observed that, it cannot be disputed that the

fundamental rights guaranteed by Article 19(1)(c) can be
claimed by Government servants but Article 19 confers
fundamental rights which are not absolute and are subject
to reasonable restrictions. The actions taken here by the
authorities was only to impose reasonable restrictions in
the interest of discipline and public order.
 The Court also observed that “it is settled law that the
right guaranteed by Article 19(1)(c) to form associations
does not involve a guaranteed right to recognition also.”
 Police force is invested with powers to maintain public
order which is a sovereign function.

 Further, Article 33 enables Parliament to restrict or

abrogate the fundamental rights in their relation to the
Armed Forces including Police Force.

 The grievance of non-gazetted officers was that, the

union once formed by them was divided with reference
to ranks and according to appellants it was violating
their right under Article 19(1)(c). The Court finally held
that the classification was based on ranking which was
meant for discipline and therefore was fine. It further
stated that non-gazetted officers consisted of men of all
ranks; the lowest cadre and officers who were superior
to them. If all the non-gazetted officers were grouped
together irrespective of rank, it would affect discipline.