Historical Development of Trade Union in India

 

 TRADE UNION NOTES – BY CHANDAK SIR

HISTORICAL DEVELOPMENT DEVELOPMENT OF TRADE UNION IN INDIA •

  Tra Trade de Union nion fo form rmed ed in 1890 1890,, Bom Bombay bay Mill Mill Hand Hands s Ass Associa ociati tion on by Mr.Lokhande Mr.Lo khande to demand demand amendment amendment of Factories Factories Act 1918. Then several other unions followed followed to fulfill specific demands and also to lend support to national movment.

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In 1918:-Ahmedabad Textile Labour Association was borned when dispute was settled by the intervention of Mahatma Gandhi. In Madras B.P.Wadia formed Madras Labour Union Internatio Interna tional nal Labour Labour Organi Organizat zation ion (ILO) (ILO) was establ establish ished ed in 1919,T 1919,This his influenced formation of All India Federation of Trade Unions. After world war I, in 1919, large number of strong trade unions were formed by Annie Besant in Madras and Mahatma Gandhi in Ahmedabad. After 1924, all major All India Left-wing Trade Unions were formed for class struggle.

TRADE

UNION

STRUCTURE

There are three types of unions: •

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A craft unions is formed by workers belonging to same occupation or specialization irrespective of industry, e.g. Indian pilots, guild, electricians etc Industrial Union is formed on the basis of industry e.g. cotton textile factories ( Rashtriya Mill Mazdoor Sangh) General Union embra embraces ces all workers whatever whatever kind kind of industry industry or craft craft in a place e.g. Jamshedpur Labour Union

WHY EMPLOYEES JOIN UNION ? Employees join union for following reasons : •

 Trade unions will protect employee’s economic and vocational interest. As such , it serves as instrument of defence and security.

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 Trade unions look after employees welfare.

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 Trade unions safeguard safeguard and improve improve service conditions .

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 Trade unions will communicate their views to the management

 

 TRADE UNION NOTES – BY CHANDAK SIR

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  Tr Trade ade union union will will restra restrain in manager managerial ial author authorita itaria riansh nship. ip.It It will oppose oppose management discretions.  T Tra rade de unio union n will will st stren rengt gthe hen n their their barg bargain aining ing powe power. r. It is seen seen as an in ins strume rument nt regu regula latting ing th the e rela relati tion ons ship hip betwe etween en empl employ oyer ers s and and employees.

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 Trade union highlights class distinction to reduce workers dissatisfaction.  To exercise leadership role as office-bearers office-bearers of trade union. This satisfies satisfies their ambition to get ahead which they aspire.

UNIONS

PROVIDE

THE

FOLLOWING:

a. Job secu security rity to to the worker workers s / employ employees ees.. b. Safegua Safeguard rd workers workers interes interestt c. Impro Improve ve thei theirr workin working g condi conditio tions ns d. Helping Helping employees employees in developing developing skill skill according according to the the job entrusted entrusted them e. Enable the worker participatio participation n in management management f. Prot Protec ectt righ rights ts of the the work workers ers g. Helping Helping in mainta maintaining ining good industrial industrial relatio relations ns h. Negotiating Negotiating with with management management on on industrial industrial conflicts conflicts// disputes disputes

FUNCTIONS •

OF

TRADE UNION

FUNCTIONS RELATING TO TRADE UNION MEMBERS 1) Safeguard Safeguard workers workers interest interest against against explotion explotion by employers employers 2) Protect Protect workers from unfair unfair labour labour practice practices s by emp employer. loyer. 3) Provision Provision of health, health, safe and and conducive conducive working working conditions. conditions. 4) To ask for for rewards rewards to be associat associated ed with work work performanc performance. e. 5) Get benefits benefits from organizat organization ion for health, health, housing, housing, education education etc. 6) To help in grievanc grievance e redressal redressal of of employees employees.. 7) To foster foster labour-manag labour-management ement particip participation ation and coopera cooperation. tion. 8) To make workers workers consci conscious ous of their their rights rights and duties. duties.

 

 TRADE UNION NOTES – BY CHANDAK SIR

(B) FUNCTIONS RELATING TO ORGANIZATIONS 1) To increas increase e productio production n and and productiv productivity. ity. 2) To help maint maintenan enance ce of discip disciplin line. e. 3) To promote promote cordial cordial relations relations between between the management management and and workers. workers. 4) To create favour favourable able opinion opinion about manageme management nt among among workers. 5) To facilit facilitate ate effect effective ive communicat communication ion with with the the managem management. ent.

(C) FUNCTIONS RELATING TO UNION 1) To improve improve financial financial position position by increas increasing ing subscripti subscription on etc 2) To train train memb members ers in in leaders leadership hip.. 3) To augment augment communic communication ation between between union union and members members.. 4) To crub crub inter inter-un -union ion riva rivalar lary. y. 5) To avoid avoid unfair unfair labou labourr practic practices. es. 6) To re revi view ew re rele leva vanc nce e of unio union n obje object ctiv ives es in th the e cont contex extt of soci social al change. 7) To maintain maintain accounts accounts & other other administrat administrative ive records records of union. union.

(D) FUNCTIONS

RELATING

TO

SOCIETY 

1. To help nation ional develop lopment integration, afforestration.

e.g e.g.

family ily

plan lanning,

nation ional

2. To launch campaigns against social evils, i.e. corruption, comm co mmun unal alis ism, m, cate cateis ism, m, pric price e rise rise,, hoar hoardi ding ng,, smug smuggl gling ing,, dowr dowry, y, illiteracy etc. 3. To help help and co co opera operate te with with participation.

WEAKNESSES i.

OF

TRADE

the the govern governme ment nt and m mob obili ilise se peop people le

UNION MOVEMENT IN

INDIA

Multipli Multiplicit city y of trade trade union union as only only 7 pers persons ons can can from from a union union

ii ii.. Inte Inter-u r-uni nion on rival rivalry ry

 

 TRADE UNION NOTES – BY CHANDAK SIR iii. Intra-union Intra-union factions factions / rivalry rivalry iv. Absence Absence of criteria criteria for for recognitio recognition n of sole sole bargaining bargaining agent agent v. Politicalisat Politicalisation ion of trade union union and associati association on of outsiders outsiders with enterpris enterprise e unions. vi. Philosophy Philosophy and and approaches approaches which which advocated advocated vii. Adversarial relationship (war-fare) conflict with management viii.Class struggle: oppression and exploitation by employers. e mployers. ix. Adoption Adoption of pressure pressure tactics, militancy, militancy, indiscipline, indiscipline, intimidatio intimidation, n, blackmailing, towards management x. No role played played as social social change change agents agents but self-center self-centered ed

THE TRADE UNIONS ACT •

1926

The Trade Unions Act 1926 , is one of the old enactments in the field of  Labour Laws but it is a conservative piece of legislation in as much as it as it deals only with the registration of the trade unions and legal status of  registered trade unions.The constitution of India confers on all citizens a fundamental right to from associations or unions.

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  The The righ rightt to form form unio union n is th thus us doub doubly ly reco recogn gniz ized ed in Indi India a by th the e constitution of India and The Trade Unions Act 1926.

What is the objective of the Trade Unions Act?   The limited objective of this Act provide for the registration of the trade unions and to confer on registered trade unions certain protection and privileges.

What is the meaning of “trade union” As ordinarily understood the trade union means a combination formed for the purpos pur pose e of regulat regulating ing the relatio relations ns between between workme workmen n and employ employers ers.. The definition of trade union given in The Trade Unions Act 1926, however includes a combination formed for the purpose of regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers.

What is the procedure for the registration of a trade union? (a) At least seven members of the trade trade union have to make an application in the the pres prescr cribe ibed d fo form rm and and acco accomp mpan anied ied by the the pres prescr cribe ibed d fee fee to the the Registered for Trade unions for the registration of the trade union the application must be accompanied by a copy of the rules of the trade union

 

 TRADE UNION NOTES – BY CHANDAK SIR and should give particulars about its name and addresses its members and officers. (b) The Registrar Registrar if he is satisfied satisfied that the trade union has complied complied with all the the requir requirem emen ents ts of the the Act Act will will regis registe terr the the tr trad ade e unio union n and and is issu sue e a

certificate of registration to it (c) The certificate of registration will be conclusive evidence that the trade union has been duly registered under the Act.

When there is an exiting Trade Union registered under the name of all India Trade union congress (AITUC) can the registrar grant registration to a new Trade Union under the name of AITUC hawkers Union? Section 7(2) of the Trade Union Act 1926 reads as under if the name under which a trade union proposed to be registered is identical with that by which any other existing existing trade union has been registered or in the opinion opinion of the registrar so near nearly ly resem resembl ble e such such name name as to be likely likely to dece deceiv ive e the the pu publ blic ic or the the members of either trade union the registrar shall require the person applying for registration to alter the name of the trade union stated in the application and shal sh alll re refu fuse se to re regi gist ster er th the e unio union n unti untill such such alte altera rati tion on has has been been made made considering section 7 of the Act It will not be possible for the registrar to register any other union under the name of AITUC hawkers union which is similar or deceptively similar to the name of All India Trade Union Congress (AITUC).

 The government of Maharashtra by notification dated 13-12-2001 has revised the fees payable under the Bombay Trade Union Regulation 1927 as under-

S R N o.

DESCRIPTION

FEES Rs.

 

 TRADE UNION NOTES – BY CHANDAK SIR

1 2 3 4

(a) Registrat Registration ion of a Trade Trade union union with a membership of 1000 or over (b) (b) Regis Registr trat atio ion n of tr trad ade e unio union n with with a memb members ership hip of less less than than 1000

5

600 400 50 25 50

Duplicate certificate of registration

Regist Reg istrat ration ion of alt alterat eration ion of rules rules

In Ins spect pectio ion n union

of regi regist ster er of

tr trad ade e

Maintained by the Register Inspection of a document in the possession of the register

Is registration of trade union compulsory?  The Trade Union Act 1926 does not make registration of trade registration of a trade union compulsory. But it is advisable to get a trade union registered under the Act because the Act confers many rights on a registered trade union.

Is a trade union required to have a certain minimum membership? Section 9-A required that registered trade union shall at all time continue to have not less than ten per cent or one hundred of the workmen whichever is less subj su bjec ectt to a mini minimu mum m seve seven n enga engaged ged or empl employ oyed ed in an esta establi blish shme ment nt or industry with which it is connected as its members.

Can a trad Can trade e unio union n regi regist ster ered ed unde under r the the tr trad ade e unio union n Act Act 1926 1926 be regist reg istere ered d again again under under the Soci Societi eties es Regis Registra tratio tion n Act 1860 1860 the CoCooperative Societies Act 1912 or the companies Act 1956? A trade union which is already registered under the trade union Act 1926 cannot be registered again under the societies registration Act 1860 the Co-operative societies Act 1912 or the companies Act 1956 and the registration of any such trade union under any of the said Act will be void.

 

 TRADE UNION NOTES – BY CHANDAK SIR

Can the registrar of trade union register a union of members of the Armed forces?  The registration of such union initially granted by a mistake can be made invalid and therefore cancelled.

What is the legal status of registered trade union? 1. A regis egiste tere red d tr tra ade unio union n is a body body corp corpor orat ate e hav having ing a perp perpet etua uall succession and common seal. 2. It has power power to acquire acquire and hold both both movable movable and immova immovable ble property property and to enter into contracts. 3. It can can sue and and be sued sued by by its own name name 4. Its office office bearer or member member cannot cannot be prosecuted prosecuted for for criminal criminal conspiracy conspiracy for following its legitimate objects 5. No legal proceedi proceeding ng can be filed filed in any civil civil court court against against it in respect respect of  any act in furtherance of a trade dispute even if such act 6. Induces Induces some some other person person to to break a contrac contracts ts of employm employment ent 7. Is in interferen interference ce with the trade trade busin business ess or employme employment nt of some other other person 8. Is in interferen interference ce with right right of some some other person person to dispos dispose e of his capital capital or his labour as he wills. 9. Any agreem agreement ent between between its membe members rs is not void or voidabl voidable e even if its object are in restraint of trade

Can a trade union represent a workmen engaged or employed in an industry with which the trade union is not connected? If the constitution of a trade union does not allow it to represent a workmen engaged or employed in a particular industry it is not entitled to represent such a workmen.

Is the immunity immunity from from civil civil suit in respect respect of acts acts of a trade union union its of offi fice ce bear bearer er and and memb member ers s avai availa labl ble e unde under r sect sectio ion n 18 of the the Ac Actt absolute?   The immunity from civil suit will not be available in respect of acts which are unlawful unlawf ul tortuous or violent violent and which fall out umbrella of protection protection of section section 18 of the Act.

In what what circ circum umst stan ance ces s the the regi regist stra rati tion on of a trad trade e unio union n can can be cancelled?  The registrar or trade union can withdraw or cancel certificate of registration of a trade union if-

 

 TRADE UNION NOTES – BY CHANDAK SIR a) The trade trade union union applies applies for its its cancella cancellation tion b) The registrar registrar is satisfied satisfied that the the certificate certificate has been obtained obtained by frau fraud d or mistake c) The trad trade e union union has has cased cased to to exist exist d) The trade union has willfully contravened any provision of the Act By an amendmen amendmentt to an Act , the registra registrarr of trade trade union union is empower empowered ed to withdraw or cancel thee registration of any trade union workmen if it ceases to have the requisite number of members.

What is the procedure the registrar has to follow before the certificate of registration of trade union is withdrawn or cancelled?  The registrar has to give to the trade union not less than two months previous notice in specifying the ground on which it is proposed to withdraw or cancel the certificate.

What is the scope of the power of the registrar of trade union with regard to cancellation of the registration of trade union?   The registrar can invoke the power of cancellation of registration of a trade union only if there is sufficient material before him to establish that the trade union concerned has committed willful contravention of any provision of the Act in other words unless the international violation of any provision of the Act is established the registrar cannot invoke the said power.

Does the registra Does registrar r of trade trade union unions s posses possess s the the pow power er to revoke revoke or withdraw an order of registration of a trade union?  There cannot be a withdrawal or revocation of the initial order of de-registration of trade union in the absence of any statutory provision authorizing the registrar to do so.  What are the functions of the registrar of trade unions?  The registrar of trade union performs the following functions a) Registration of trade unions b) Withdrawal or cancellation of registration of trade unions c) Sancti Sanction on of prosec prosecuti ution on for the offenc offence e commit committed ted under under the trade trade unions Act 1926

 

 TRADE UNION NOTES – BY CHANDAK SIR

Can a minor be admitted as a member of a registered trade union? If a person has attained the age of 15 years he can be admitted as a member of  a registered trade union provided provided that there is no prohibition prohibition in the rules of the trade union on admitting any minor as its members.

Does a person automatically ceases to be a member of the union on cessation of employment?  There is no provision in the Act providing for automatic cassation of membership on cessation of employment

What are rights of a members of registered trade union? Every office bearer or member of a registered trade union has a right to inspect the books of accounts and also the list of members of the trade union at such times as may be provided for the rules of the trade union.

Can any person be chosen as an office bearer of a registered trade union? For being qualified to be chosen as an office bearer of a registered trade union a person (i) must have attained the age of 18 years; and (ii) must not have been conv co nvic ictted of any any offe offenc nce e inv involv olving ing moral oral tu turp rpit itud ude e an and d sent entence enced d to imprisonment, unless a period of 5 years has elapsed since his release.

Is there any restriction on the number of outsiders who can be the office bearers of a registered trade union?  The act providers that the number of outsiders shall not be “ore than one-third of total number of office bearers or five, whichever is less.”

Can the recognition of a trade union be withdrawn without giving to the union opportunity of being heard in the matter? A refusal to grant recognition and withdrawal of recognition once granted cannot be placed on the same footing though the grant of recognition to a trade union

 

 TRADE UNION NOTES – BY CHANDAK SIR may be voluntary recognition once granted to it could not be withdrawn without giving to it opportunity of being heard in the matter.

Does the registrar of trade unions, under sections 8 and 28 possess the power to hold any quasi-judicial enquiry?  T The he re regi gist stra rarr of tr trad ade e unio unions ns unde underr sect sectio ions ns 8 and and 28 can can hold hold only only an administrative enquiry he has no power under those sections to hold any quasi  judic judicial ial enquir enquiry y by allowin allowing g parties parties to examin examine e witnes witnesses ses and allowin allowing g such such witnesses to be cross-examined.  

Does the registrar of trade union under section 28 possess the power to decide any dispute between rival office bearers of a trade union?   There is no provision in the Act empowering the registrar of trade union to exercise any superintendence or control over the internal affairs of a trade union

Is it permissible for a trade union constitute a political fund apart from its general fund? It is permissible for a registered trade union to constitute a separate fund for the promotion of the civil and political interest of its member contribution to the fund will be optional and no member will be compelled to contribute to the fund cons co nseq equen uentl tly y a memb member er who who does does not not cont contrib ribut ute e to the the fu fund nd shal shalll not not be deprived of any benefits of the trade union.

Can a trade union change its name? A registered trade union can change its name with the consent of not less than two tw o third thirds s of the the numb number er of its its memb member er and and afte afterr fo foll llow owing ing the the proc proced edur ure e prescribed under section 25 of the Act.  

Is a civil suit for damages against striking workers maintainable?  The trade union the office office bearers and the member are insulated insulated against a suit or other legal proceeding linked with the strike of the workers the trade union Act through Section 18, unfolds un umbrella of protection to them.

Does the registration of a trade union confer any right on the said union to be recognised by tthe he employer?  The registration of a trade union does not confer any right on the said union to be automatically recognized by the employer

 

 TRADE UNION NOTES – BY CHANDAK SIR

Is it perm permis issi sibl ble e fo for r any any two two or more more regi regist ster ered ed Trad Trade e Unio Unions ns to amalgamate?   It is permi permiss ssib ible le fo forr any any two two or more more regis registe tere red d Trad Trade e Unio Unions ns to beco become me amalgamated together as one Trade Union. This can be done after the votes of  at least one half of the members of each or every such Trade Union are recorded at least sixty per cent of the votes recorded are in favour of the proposal the procedure concerned unions have also to follow the prescribed under section 25

What is the procedure for dissolution of a trade union?  The dissolution of a registered trade union shall be effected in accordance with the rules of the trade union and notice of the dissolution shall be sent to the registrar of trade union if the rules do not provide for the distribution of funds the registrar shall divide for the funds among the members proportionate to the amounts contributed by them by way of subscription during duri ng their membership.   What are the offences under the Act and what is the punishment for them? 1. If any office office bearer bearer of registe registered red trade union union makes makes a default default in giving giving any notice or sending any statement as required by the Act, he would be punished with fine upto Rs. 5. 2. If any any pers person on wi will llfu full lly y make makes s a fals false e entr entry y in th the e annu annual al Retu Return rn of  registered trade union, he would be punished with fine upto Rs. 500. 3. If any person, person, with intent intent to deceive, deceive, gives gives an incorre incorrect ct copy of the rules of registered trade union to a member or person intending to become a member of the trade union, he would be punished with fine upto Rs. 200.

Is a Trade Union required to maintain any registers and submit any returns? Every registered Trade Union is required to maintain the following books and registers i.

Regist Register er of of memb members ership hip and subsc subscrip riptio tion. n.

ii. Regist Register er of receipt receipts s and disbur disbursem sement ents. s. iii iii.. Minute Minute book book of meetin meetings, gs, iv. Register Register of stock, stock, tools tools and plant, plant, v. Machine Machine numbers numbers & subsc subscription ription receipt receipt book, book, vi. Register Register of receipts and disburseme disbursement nt for the political political fund,

 

 TRADE UNION NOTES – BY CHANDAK SIR vii. A file of vouchers. vouchers. Every registered Trade Union is required to submit to the registrar of Trade Unio Un ions ns annu annual al return returns s of re rece ceipt ipts s and and expe expend ndit itur ure e as well well as asse assets ts and and liabilities in the prescribed form, by the 30th day of April in each year.

CHANGING

SCENARIO

OF

TRADE

UNIONISM

After the liberalization process in the economic system which started in 1990s, there has been change in the trade unionism too. Such changes are of the follow fol lowing ing types and are expec expected ted to proceed proceed in the same direct direction ion in near near future. 1. There There is decreasi decreasing ng attracti attraction on of employ employees ees from industr industrial ial sector sector toward tow ards s Unionis Unionism. m. This This is eviden evidentt by the decrea decreasin sing g number number of  trade tra de union union member membershi ship. p. In fact, fact, attrac attractio tion n toward towards s unioni unionism sm is losing momentum throughout the world. 2. Ther There e is inc increas reasin ing g depo depoli litticis icisat atio ion n

of tr trad ade e unio unions ns..

This his is

happening in two ways. First, many trade unions are not affiliated to any any cent centra rall tr trad ade e unio union. n. Seco Second nd,, many many cent centra rall unio unions ns are are passing control to non-politicians though there is a long way to go. 3. Trade Trade union leaders leaders have have become become more mature mature in their their approach approach.. Many Ma ny tr trad ade e unio unions ns have have adop adopte ted d cons constr truct uctiv ive e & co-o co-ope pera rati tive ve approa app roach ch in han handli dling ng indust industrial rial relatio relations, ns, problem problem rather rather than than sticking to age-old militant approach. 4. Many unions unions have have accepted accepted the realiti realities es of economic economic reform reforms. s. Their approach has turned to eradicate the adverse impacts of reforms rather than stalling the reforms as such. Trade union circles now discuss more about productivity, total quality management, quality of work life, life, competition competition etc, etc, rather than than making plans plans to go for strikes and other pressure tactics. 5. Trad Trade e union unions s have have acce accept pted ed many many new new emplo employe yee e mana manage geme ment nt practices like VRS etc, etc, which used to to be bone of contention a few few years ago  There is a possibility to make the company union-free. Employees who joined unions feel dissatisf dissatisfied ied with the union working style style . Therefore, managemen managementt itself can take certain steps to modify those factors causing dissatisfaction.

 

 TRADE UNION NOTES – BY CHANDAK SIR  The employees value the outcomes for joining or not joining a union and relate the valuation to their level of satisfaction. In fact, when an individual joins any organization for his career he does not have in his mind that he would join an union. uni on. He is more interest interested ed in his career. career. This This tendency tendency is gaining gaining ground ground throughout the world and India is not lagging a behind. The major actions which an organization can undertake to make itself union free are as follows: 1. Effect Effective ive firstfirst-lin line e super supervis vision. ion. 2. Effective Effective personne personnell planning, planning, recruitme recruitment nt and selectio selection. n. 3. Effect Effective ive traini training ng and devel developm opment ent 4. Open Open com commu muni nica cati tion on 5. Approp Appropria riate te remune remunerat ration ion 6. Effect Effective ive pers personn onnel el resea research rch 7. Health Healthy y and safe safe working working envir environm onment ent 8. Healthy Healthy employer-emplo employer-employee yee relationship relationship

PROBLEMS OF TRADE UNION MOVEMENT IN INDIA  The position of trade unionism in India is not very sound. In fact, the trade union movement is wanting in many respects. This is because of the fact that the Indian trade union of today suffer from many problems. A brief account of these problems is given below:

Uneven Growth Histor His torica ically lly Trade Trade union union activit activities ies were concen concentra trated ted in large large scale scale indust industry ry sector sect or and and there there too too in rega regard rd to manu manual al labo labour ur only only and and mainl mainly y in bigge biggerr industrial centers for example textile workers in Mumbai,Ahmedabad, Indore, Kanpur and plantation labour in Assam, West Bengal, Tamil Nadu, and Kerala  The degree of unionization varies from industry to industry.

Low Membership    The number of trade unions in India has increased considerably. But this has been followed by the declining membership per union. Moreover, the rivalry among the leaders of trade unions has resulted in multiplicity of unions, thereby reducing the average size of membership per union.

 

 TRADE UNION NOTES – BY CHANDAK SIR

Outside Leadership  Another remarkable feature of trade unionism in India has been domination by outside leadership. Most of the trade unions in India have professional political leadership. The leadership is not rooted in the working class. The leadership of  professio profes sional nal politic politician ians s is interes interested ted in exploit exploiting ing workers workers for their their politic political al object obj ective ives. s. The politic political al leaders leadership hip is actual actually ly harmfu harmfull to th the e cause cause of the working class, strikes are prolonged by political leaders for personal prestige. Very often negotiations with employers fail due to such political leadership. The in intter eres estt and and welf welfar are e of th the e work worker ers s is very very of ofte ten n igno ignore red. d. Thus Thus outs outsid ide e leadership of politicians is a major weakness of trade unions in India.

Multiplicity of Union Another problem of trade unionism in India is that of multiplicity of unions. There exist many trade unions in the same establishment. There are at times as many as twenty unions in the same plant. The existence of this phenomenon can be attributed attrib uted partly partly to the domination domination of outside outside leaders and partly to the the labour laws .The Trade Union Act 1926 perrmits any association of seven workers to be registered as a union, and confers upon it certain rights. Such a union is allowed by law to raise disputes, go to conciliation, files suits, and even bargain with employ emp loyers ers.. Such Such provis provision ions s in the law natura naturally lly encour encourage age small small sectio section n of  workers to form separate unions. Any seven persons can get together to form a union. Many a times, it is contended that multiplicity of unions is because of  outside leaders. But more pertinent point is that they are able to form new union because law permits and gives gi ves sanctity to the small unions.

Intra-Union Rivalry  The existence of multiple unions leads to problem of union rivalry. Unions try to play down each other in a bid to gain greater influence among workers. In the process, they do more harm than good to the cause of unionism as a whole. Employers Emplo yers are given an opportunity to play union against against each other. They can refuse to bargain on the contention that there is no true representative union. Besides Bes ides this, this, the workers workers own solidarity solidarity is lost. lost. Emplo Employer yers s are able able to take take advantage of infighting between workers groups. Solution to this problem proble m can be found fou nd in secret secret ballot ballot vote. After After some some stipu stipulat lated ed time period, period, the workers workers should go to polls to elect their representative union for that duration. This would reduce both multiplicity of union and inter-union rivalry.

Absence of Paid Office-Bea O ffice-Bearers rers Majority Majorit y of unions unions do not have have whole whole time time paid office-b office-bear earers ers.. Many Many union union activists work on honorary basis. They devote only limited time and energy to

 

 TRADE UNION NOTES – BY CHANDAK SIR trade union activities. The domination of political leaders is also due to the absence of full time union workers. The union office bearers are also not trained properly. They lack the knowledge of basic principles and practices of trade unionism.

Weak Financial Position  The financial position of the trade union is generally weak because their average yearly income is low and inadequate . The subscription subscription vary from union to union and are quite quite low in most most of the unions unions.. Under Under condit condition ions s of multiplic multiplicity ity of  unions interested in increasing their membership. keep the subscription rate unduly low. As a result, the funds with the unions are inadequate and they cannot undertake welfare programmes for their members. In such a situation, the subscription rates may be raised. It is argued that the financial condition of  Indian workers workers is not too good to afford afford the increased increased rates. rates. This, however, however, is only a myth. Over the years the average income of the workers has been on an increase.It is wrong to plead that they cannot afford higher subscription rates for union membership.

Subscription dues unpaid Another important reason for the weak financial position of union is that large amounts of subscription dues remain unpaid. The names of constant defaulters contin con tinue ue to appear appear on the members membership hip registers registers of most of union. union. They are neither expelled expelled nor cease to be members. members. Rules Rules for expulsion expulsion of defauting defauting members are seldom invoked. invoked. Besides this,unions do not have proper staff and organi org anizat zation ion to collec collectt subscr subscript iption ion.. A soluti solution on to the problem problem of collect collection ion subscription on regular basis can be found in the check off system. Under this system, the subscription is deducted at the time of making wages payment by the employer. The amount is later on handed over union of which the worker is a member.

Lack of Interest  In order to make the trade union movement succeed, the members of trade unions should take keen interest in the union affairs. They should understand what unionism unionism is all about and what demands demands it makes on individual members. members.  They must feel the need to give the movement necessary support for a common cause. The attendance at the general meeting of the unions is very low. Under such su ch ci circ rcum umst stan ance ces, s, tr trad ade e unio unioni nism sm cann cannot ot be expe expect cted ed to make make much much progres pro gress. s. This This gives gives rise rise to anothe anotherr problem problem that unions unions ceases to functi function on democratically. They are run by a few interested persons who at time have their own axe to grind. This problem can be removed by educating workers of their rights and duties and developing in them a sense of responsibility.

 

 TRADE UNION NOTES – BY CHANDAK SIR

Limited Stress on Welfare Many unions in India undertake only limited welfare activities. They only fight with the employer for more wages and other benefits.

Lack of public support    The trade unions unions frequently frequently resort resort to strikes and and demonstrati demonstration on . They give limit lim ited ed atten attenti tion on to peac peacefu efull meth method ods s fo forr the the sett settlem lemen entt of deman demands ds and and dispu dis pute tes. s. The The gene genera rall publ public ic is affec affecte ted d due due to st strik rikes es,, go sl slow ow and and othe otherr practices of unions. As a result, public support or sympathy is not available to the unions.

MEASURES FOR

STRENGTHENING OF TRADE

UNIONS

1. Development Development of strong base  A strong trade unions movement is necessary both to safeguard the interests of  the members and to the help in achieving the targets of production. To develop a strong movement, it is necessary that trade unions with different affiliations come com e togeth together er on the basis basis of a common common progra programm mme e coverin covering g object objective ives, s, methods, and procedures. 2. One union in one industry   Multiplici Multipl icity ty of unions unions in the same same plant plant leads leads to interinter- unions unions rivalr rivalry y which which ultimately cuts at root of the trade union movement. It weakens the power for collective bargaining, and reduces the effectiveness of workers in securing their legitimates rights. Therefore, there should be only one unions is one industry. 3. Elimination of Political influence     The linking of unions with political parties is highly dangerous for the healthy growth of trade unionism in India . It diverts the attention of unions from the problem of working class. The unions must realize the utter uselessness of party politics in trade unionism.

4.Developmentt of internal Leadership  4.Developmen It is desi desira rabl ble e to swit switch ch over over to work workin ing g clas class s lead leader ersh ship ip fr from om out out si side de leadership. leaders hip. Leadership Leadership should should be developed developed from within the rank and file of the workers. This will help movement to gain strength in regard to trade union leadership. The National Commission on Labour (NCL) recommended that: (1) (1) there there shou should ld be no ban ban on nonnon-em empl ploy oyees ees hold holdin ing g the the posi positi tion ons s in the the executive of the union

 

 TRADE UNION NOTES – BY CHANDAK SIR (2) steps should be taken to promote internal leadership and given it more responsible role (3) permissible limit of outsiders in the executive of the union should be reduce to 25 per cent of executive members (4) ex-employees should not be treated as outsiders.

5. Paid Union Officials  Generally, the trade unions avail the services of the honorary workers due to paucity of funds this practice. In large union set up, it is better to have services of outsiders with relevant experience.

6. Financial Stability Most of the trade unions Most unions in India India are financ financiall ially y weak. weak. This This create creates s various various difficulties before the unions and restricts their activities. The financial problems of the unions can be solved by raising the membership, and collecting more contributions from all members