COLLECTIVE BARGAINING

The conflict between the management and the employee is inherent in an industrial society. One
argues for more investment and profits while the other argues for better standard of living. These
two conflicting interests can be adjusted temporarily through the principle of “give and take”. The
principle of give and take has been infused in the principle of collective bargaining. The phrase
“collective bargaining” was coined by British labour reformers Sidney and Beatrice Webb of Great
Britain, which was the “home of collective bargaining” in the 1890’s.
In any industrial establishment, the friction between employer and the workmen is inevitable. There
are demands by the workmen and if those demands are resisted by the employer, industrial dispute
arises resulting in industrial tension and disturbing the peace and harmony in the industry. Collective
Bargaining is one of the methods wherein the employer and the employees can settle their disputes.
Meaning: Collective bargaining may be described as a method of direct negotiations adopted by the
unions and the employers for settling terms of employment, working conditions and other issues by
appreciating mutual viewpoints and strength, which results in a collective agreement between both
the parties.
According to ILO Convention 154 on Collective Bargaining, collective bargaining refers to all
negotiations which take place between an employer, a group of employers or one or more
employers' organizations, on the one hand, and one or more workers' organizations, on the other,
for
(a) determining working conditions and terms of employment; and/or
(b) regulating relations between employers and workers; and/or
(c) regulating relations between employers or their organisations and a workers' organization or
workers' organizations.
Theoretically, collective bargaining is based on the principle of balance of power. Managements and
unions representing the workers are considered as two separate powers who jointly negotiate with
each other various terms of employment.
The Supreme Court of India in the case of Karnal Leather Karamchari Sanghatan vs. Liberty
Footwear Co. has held that collective bargaining is a technique by which dispute between labour and
capital are resolved amicably by agreement rather than by question. The dispute is settled peacefully
and voluntarily although reluctantly between labour and management. Likewise it is said that
collective bargaining as a method by which problems of wages and conditions of employment are
resolved amicably, peacefully and voluntarily between labour and management.

FEATURES OF COLLECTIVE BARGAINING

The features of collective bargaining are as under:
1. It is a group process, wherein one group, representing the employers, and the other,
representing the employees, sit together to negotiate terms of employment;
2. Negotiations form an important aspect of the process of collective bargaining i.e., there is
considerable scope for discussion, compromise or mutual give and take in collective bargaining;
3. Collective bargaining is a formalized process by which employers and independent trade unions
negotiate terms and conditions of employment and the ways in which certain employment-
related issues are to be regulated at national, organizational and workplace levels;
4. It a bipartite process. This means there are always two parties involved in the process of
collective bargaining. The negotiations generally take place between the employees and the
management. It is a form of participation;
5. Collective bargaining is a complementary process i.e. each party needs something that the other
party has; labor can increase productivity and management can pay better for their efforts;
6. Collective bargaining tends to improve the relations between workers and the union on the one
hand and the employer on the other;

TYPES OF COLLECTIVE BARGAINING

1. Conjunctive or Distributive Bargaining:
It is most common type of bargaining and involves zero-sum negotiations. In this form of
collective bargaining, both the parties viz. the employee and the employer try to maximize their
respective gains. It is based on the principle, “my gain is your loss, and your gain is my loss” i.e. one
party wins over the other. Both parties try to maximize their gains. The economic issues such as
wages, bonus, other benefits are discussed, where the employee wishes to have an increased wage
or bonus for his work done, whereas the employer wishes to increase the workload and reduce the
wages. In distributive bargaining, unions and management have initial offers or demands, target
points (e.g.: desired wage level), resistance points (e.g.: unacceptable wage levels) & settlement
ranges (e.g.: acceptable wage level). Another name for this type of bargaining is conjunctive
bargaining.
2. Co-operative or Integrative Bargaining:
Integrative bargaining is similar to problem solving sessions in which both sides are trying to reach a
mutually beneficial alternative, i.e. a win-win situation. Both the employee and the union sit
together and try to resolve the problems of their common interest and reach an amicable solution.
Both sides share information about their interests and concerns and they create a list of possible
solutions to best meet everyone’s needs. In the case of economic crisis, such as recession, which is
beyond the control of either party, parties may enter into a mutual agreement with respect to the
working terms. For example, when companies are hit by recession, they cannot offer the kind of
wages and benefits demanded by workers. At the same time, they cannot survive without the
latter’s support. Both parties realize the importance of surviving in such difficult times and are
willing to negotiate the terms of employment in a flexible way.
3. Productivity Bargaining:
This type of bargaining is done by the management, where the workers are given the incentives or
the bonus for the increased productivity. The workers get encouraged and work very hard to reach
beyond the standard level of productivity to gain the additional benefits. Through this form of
collective bargaining, both the employer and the employee enjoy the benefits in the form of
increased production and the increased pay respectively.
4. Composite Bargaining:
In this type of collective bargaining, along with the demand for increased wages, the workers also
express their concern over the working conditions, recruitment and training policies, environmental
issues, mergers and amalgamations with other firms, pricing policies, etc. with the intention to
safeguard their interest and protect the dilution of their powers. In this method, labor bargains for
wages as usual, but goes a step further demanding equity in matters relating to work norms,
employment levels, manning standards, environmental hazards, sub-contracting clauses etc. This
works in the favor of the workers.
5. Concessionary Bargaining:
Quite opposite to the other forms of bargaining, where the unions demand from the employers, in
concessionary bargaining, the objective is to give back to management some of what it has gained
in previous bargaining.
• Why should labor be willing to give back what it has worked so hard to obtain? A good example is
the agreement between General Motors & the International Union of Electric Workers that granted
GM around the- clock operations, wages and benefits concessions for the new hires, and a two-week
mass vacation. The concessions were made to save over 3,000 jobs. In some cases, despite a
financial crisis, the union may not be willing to concede. This may be because the union doesn’t view
management’s arguments as credible.
Thus, the degree of trust and credibility between the management and the union may influence the
extent to which concessionary bargaining occurs.

INTERNATIONAL PROTECTION
1. The right to collectively bargain is recognized through international human rights conventions.
Article 23 of the Universal Declaration of Human Rights identifies the ability to organize trade
unions as a fundamental human right.
2. Item 2(a) of the International Labour Organization's Declaration on Fundamental Principles
and Rights at Work states the "freedom of association and the effective recognition of the right
to collective bargaining" as an essential right of workers.
3. The Freedom of Association and Protection of the Right to Organise Convention, 1948 (C087)
and several other conventions specifically protect collective bargaining through the creation of
international labour standards that discourage countries from violating workers' rights to
associate and collectively bargain.
4. In June 2007 the Supreme Court of Canada extensively reviewed the rationale for regarding
collective bargaining as a human right. the Court made the following observations:
The right to bargain collectively with an employer enhances the human dignity, liberty and
autonomy of workers by giving them the opportunity to influence the establishment of
workplace rules and thereby gain some control over a major aspect of their lives, namely their
work.

COLLECTIVE BARGAINING IN INDIA

1. Since Collective Bargaining is the off-shoot of Trade Union activity, it is worthwhile to trace the
origin of Trade Union first. The credit for organised labour movement in India goes to N.M.
Lokhande, who was a factory worker himself. In 1884, he organised an agitation in Bombay and
prepared a memorandum demanding limitation of working hours, a weekly rest day,
compensation for injuries etc. and in response of these demands a weekly holidays was actually
granted by the mill owners of Bombay.
2. The trade union movement got its momentum at the close of the World War I. The Madras
Labour Union (1918) founded by P.P. Wadia was the first India’s Trade Union.
By the year 1920 the Trade Union had emerged on the Indian Scene in almost all the sector to
protect the legitimate interests of the working classes. Collective Bargaining formally started in
1920s in the textile industry in Ahmedabad.
3. Thereafter, lots of collective bargaining agreements were executed especially after
 Independence. But there was little support for the growth of this practice, since neither British
India nor Independent India made legal provisions for collective bargaining. Nevertheless, like
many other countries, collective bargaining in India got some impetus from various statutory
provisions. The Trade Union Act, 1929, the Bombay Industrial Relations Act, 1946, the
Industrial Disputes Act, 1947, and the Madhya Pradesh Industrial Relations Act, 1960 provided
a machinery for consultation and paved the way for collective bargaining.
Rest from notes………..

ILO CONVENTION
Convention 98, together with Convention 87 on Freedom of Association and Protection of the Right
to Organise, represents essential building blocks fora harmonious, stable and progressive industrial
relations that can contribute to sustainable development by empowering workers and employers to
find solutions through voluntary negotiations.
On 1 July 1949 the International Labour Conference in Geneva adopted the Right to Organise and
Collective Bargaining Convention (No. 98). For the International Labour Organization this was a
landmark occasion, but so it was too – and perhaps above all – for workers and their trade union
organizations all over the world. The date was important for the ILO because it marked the
completion of the task it had set for itself the year before with the adoption of the Freedom of
Association and Protection of the Right to Organise Convention (No. 87). The ILO could now boast
two fundamental instruments that guaranteed the independence of trade union organizations vis-
à-vis public authorities, on the one hand, and employers, on the other.
But the occasion was especially important for workers throughout the world and their trade union
organizations, because for the first time their universal right to organize and to bargain collectively
was recognized by two international Conventions. The Conventions guaranteed them the possibility
of associating freely among themselves and of taking collective action to defend not only their
economic and social interests but also their fundamental public freedom to exercise their trade
union rights.
Convention No. 98 is particularly significant because it both recognizes and protects an individual
right conferred on workers (protection against acts of anti-union discrimination), a collective right
attributed to trade union organizations (protection against acts of interference) and an individual
right exercised collectively (the right of workers to be represented by trade unions in negotiating
conditions of employment collectively).
PROTECTION AGAINST ANTI-UNION DISCRIMINATION ARTICLE 1:
In general terms, Article 1 of Convention No. 98 provides that “Workers shall enjoy adequate
protection against acts of anti-union discrimination in respect of their employment”. Paragraph 2
spells out the scope of such protection: “Such protection shall apply more particularly in respect of
acts calculated to: (a) make the employment of a worker subject to the condition that he shall not
join a union or shall relinquish trade union membership; (b) cause the dismissal of or otherwise
prejudice a worker by reason of union membership or because of participation in union activities
outside working hours or, with the consent of the employer, within working hours”.
Explanation- Article 1 states that workers must be protected against discrimination for joining a
union, particularly conditions of employers to not join a union, dismissal or any other prejudice for
having union membership or engaging in union activities.
PROTECTION AGAINST ACTS OF INTERFERENCE Article 2: Provides that:
1. Workers' and employers' organisations shall enjoy adequate protection against any acts of
interference by each other or each other's agents or members in their establishment, functioning or
administration.
2. In particular, acts which are designed to promote the establishment of workers' organisations
under the domination of employers or employers' organisations, or to support workers'
organisations by financial or other means, with the object of placing such organisations under the
control of employers or employers' organisations, shall be deemed to constitute acts of interference
within the meaning of this Article.
Explanation- Article 2 requires that both workers and employers' organisations (i.e. trade unions and
business confederations) should not be interfered in their own establishment, functioning or
administration.
Article 2(2) prohibits, in particular, unions being dominated by employers through "financial or other
means" (such as a union is given funding by an employer, or the employer influencing who the
officials are).
Article 3: Provides that:
Machinery appropriate to national conditions shall be established, where necessary, for the purpose
of ensuring respect for the right to organise as defined in the preceding Articles.
Explanation- Article 3 requires each ILO member give effect to articles 1 and 2 through appropriate
machinery, such as a government watchdog.
PROMOTION OF COLLECTIVE BARGAINING Article 4: Provides that:
Measures appropriate to national conditions shall be taken, where necessary, to encourage and
promote the full development and utilisation of machinery for voluntary negotiation between
employers or employers' organisations and workers' organisations, with a view to the regulation of
terms and conditions of employment by means of collective agreements.
Explanation- Article 4 goes on to collective bargaining. It requires that the law promotes the full
development and utilisation of machinery for voluntary negotiation between worker organisations
and employer groups to regulation employment by means of collective agreements.

FACTORS AFFECTING COLLECTIVE BARGAIN

1. Institutional factors such as the legal framework of labour relations can play a role in containing
possible “defection” from collective bargaining. For example, compliance with collective
agreements may be strengthened when these are legally enforceable.
2. The threat of undercutting by “outsiders” who are not members of the bargaining parties, and
therefore not bound by the agreement, may be avoided. Many times the outsiders mix their
own selfish motives in the negotiations of common welfares of members of the union just to
achieve their political hunger.
3. Works councils or similar bodies, which bring a consultative or advisory element to labour
disputes, also influence the development of collective bargaining. They can represent potential
competition to “free collective bargaining” as a regulatory and conflict- solving device at the
local level. E.g in India, law provides easy access to adjudication under Industrial Disputes Act, so
collective bargaining is discouraged.
4. Inter Union Rivalry due to multiplicity of trade unions in an establishment. This creates a
division of workers in different groups differing in their ideologies and causing inter- union
 rivalries. Trade union rivalry gives the management a chance to take advantage of the situation
and make employees agree to the terms that the management wants.
5. Collective bargaining is generally becoming a competitive process, i.e., labour and management
compete with each other at negotiation table. A situation arises where the attainment of one
party’s goal appears to be in conflict with the basic objectives of the other party.
6. There are also economic factors. For instance, small, labour-intensive firms fearing leap-
frogging wage claims by strong unions may feel more of a need to join bargaining associations
than large firms. In single- employer bargaining systems, on the other hand, small firms may be
more apprehensive of unionism than larger firms.
7. The general economic climate is another aspect. Some analysts have argued that more intensive
international competition and the spread of technologies have created pressures on existing
collective bargaining structures.
8. An increasing emphasis on managerial flexibility and job structures has led to attempts both to
decentralise bargaining arrangements (shifting from higher to lower levels of bargaining) and to
“deregulate” labour relations overall (leading to a decline in collective bargaining coverage).
9. Both the parties—management and workers—come to the negotiation table without doing their
homework. Both the parties start negotiations without being fully equipped with the
information, which can easily be collected from company’s records. To start with, there is often
a kind of ritual, that of charges and counter charges, generally initiated by the trade union
representatives. In the absence of requisite information, nothing concrete is achieved.
CONSTITUTIONAL PROVISION FOR ELIMINATION OF ALL FORMS OF FORCED
OR COMPULSORY LABOUR
Introduction: Bonded labour, also known as debt bondage or debt slavery, is a person’s pledge of
labour or services as security for the repayment of a debt or other obligation. Debt bondage can be
passed on from generation to generation.
The United Nations estimates that roughly 27 to 30 million individuals are caught in the slave trade
industry. The United Nations have described debt bondage as “modern-day slavery”.
The practice of bonded labour violates the following International Human Rights Conventions where
India is a party to all of them and is legally bound to comply with their terms. They are the
Convention on Supplementary Convention on the Abolition of Slavery; Forced Labour Convention,
1930; International Covenant on Civil and Political Rights, 1966; International Covenant on
Economic, Social and Cultural Rights, 1966; Convention on the Rights of the Child, 1989.
Various forms of slavery existed in Indian society before its independence. The British Empire first
legislatively abolished it in 1843 through the Indian Slavery Act of 1843. However, this practice has
not been wholly eradicated from Indian society. One of the most common forms of slavery still
prevalent in Indian society is bonded labour. Even after the independence, several legislations
passed in India have abolished bonded labour.
The origin of bonded labour in India can be traced back to ancient times when Hindu society was
divided into caste structures. The lower caste strata did not have sufficient means for their own
sustenance, due to which they often depended on higher castes for their survival. Due to the
extreme scarcity of resources on the debtor’s part, he had nothing to offer as security. Thus, the
creditor and debtor entered into an agreement where the debtor pledged his person and worked in
lieu of unsatisfied debt. The problem of debt bondage in India is linked to poverty, which is closely
linked to the absence of land and assets.
Meaning: Bonded labour has been defined and addressed as a prohibited practice in several
international conventions and many Indian legislations. Bonded labour system is defined under
Section 2(e) of The Bonded Labour System (Abolition) Act, 1976, which means any labour or service
rendered under the bonded labour system. A person becomes a bonded labourer when their labour
is demanded as a means of repayment for a loan. The person is then trapped into working for very
little or no pay. It is a forced or partly forced labour system in which a debtor enters or is presumed
to have entered into an agreement with the creditor. The aforementioned agreement of bonded
labour results in an undeniable loss of the debtor’s freedom. The system implies the infringement of
fundamental human rights and destruction of the dignity of human labour.
Constitutional Measures: The Constitution has established a democratic welfare state based on the
ideals of equality, liberty and justice for those people who had been oppressed for centuries and
deprived of power.
1. Under Articles 23 and 24 of the Constitution, every individual has been guaranteed a right
against exploitation, thereby prohibiting exploitation in any form. The right against exploitation
guarantees human dignity and protects people from any such exploitation. It prohibits traffic in
human beings, begar and similar forms of forced labour.
Article 23 of the Constitution stipulates the prohibition of traffic in human beings and forced
labour.
 Article 23(1) states that traffic in human beings, begar, and other similar forms of forced labour
are prohibited. Any contravention of this provision shall be an offence punishable in accordance
 with the law. In India, services of backward communities and weaker sections of the society
were used without any payment; this was known as the practice of begar. Under Article 23 of
the Constitution, any form of exploitation is forbidden. One shall not be forced to provide labour
or services against his will even if remuneration is paid. If remuneration is less than minimum
wages, it also amounts to forced labour under Article 23.
In Chandra v. State of Rajasthan, the Sarpanch of the village ordered every household
to send one man, along with a spade and an iron pan, to render free service for the
embankment of the village tank. The Court held that the order of the Sarpanch was
against Article 23(1).
 Article 23(2) provides that nothing in this Article shall prevent the State from imposing
compulsory service for public purposes. In imposing such service, the State shall not discriminate
on grounds only of religion, race, caste or class or class or any of them.
In Devendra Nath Gupta v. State of M.P, the Court held that the teachers’ service
required to be rendered towards educational surveys, family planning, preparation of
voters list, general elections, etc., were for public purposes. Therefore even if no
compensation was paid, that did not contravene Article 23 of the Constitution.
2. Article 21 of the Constitution is the most essential and foremost safeguard against human life
and liberty exploitation. It is part of the basic structure of the Constitution and cannot be
amended. It secures the right to life and the right to live with human dignity for every person in
India. So, any practice of bonded labour would be in contravention of this Constitutional
provision since bonded labour deprives a person of numerous liberties.
3. Article 39 of the Constitution is covered in Part IV, which deals with the Directive Principles of
State Policy. Although it is not enforceable, it is considered a driving principle for governance.
This constitutional provision directs the State to secure the right to an adequate livelihood. It
also directs the State to formulate its policies with the objective that no citizen is forced out of
economic necessity to enter into vocations which are not suited to them.
4. Article 42 of the Constitution is also a Directive Principle of State Policy that states that the State
shall make provision for securing just and humane work conditions. This means that the State
must ensure that every person has working conditions that are just and humane. However, since
it is part of Part IV, it cannot be enforced.
5. Article 43 of the Constitution stipulates that the State shall endeavour to secure for all workers
such conditions of work that will ensure a decent standard of life and full enjoyment of leisure
and social and cultural opportunities.

Cases: In Sanjit Roy v. State of Rajasthan, the State employed many workers to construct a road to
provide them relief from drought and scarcity conditions prevailing in their area. Their employment
fell under the Rajasthan Famine Relief Works Employees (Exemption from Labour Laws) Act, 1964.
The people employed for the work were paid less than the minimum wage, which was allowed in the
Exemption Act. The Court held that the Rajasthan Famine Relief Works Employees (Exemption from
Labour Laws) Act, 1964 is constitutionally invalid to exclude the minimum wages act. This means
that minimum wage must be paid to all the people employed by the State for any famine relief work,
regardless of whether the person is affected by drought or scarcity. It is essential so that the State
does not take advantage of the helpless condition of the people affected by famine, drought, etc.,
In Bandhua Mukti Morcha v. Union of India, the organization sent a letter to Justice Bhagwati and
the Court treated it as a Public Interest Litigation. The letter contained its observations based on a
survey it conducted of some stone quarries in the Faridabad district. It was found that these
contained many workers working in inhuman and intolerable conditions, and many of them were
forced labourers. The Court laid down guidelines for determining bonded labourers and provided
that the state government must identify, release and rehabilitate the bonded labourers. It was
held that any person employed as a bonded labour is deprived of their liberty. It was also held that
whenever it is shown that a worker is engaged in forced labour, the Court would presume he is
doing so in consideration of some economic consideration and is, therefore, a bonded labour. The
employer and the state government can only rebut this presumption if satisfactory evidence is
provided for the same.
The Court referred to the case of D. B. M. Patnaik v. State of A. P., and held that an inmate does not
surrender his citizenship nor does he lose his civil rights, except such rights as freedom of
movement, which are necessarily lost because of the very fact of imprisonment. The consequence is
that denying a prisoner reasonable wages in return for his work will violate the mandate in Article
23(1) of the Constitution. Consequently, the State could be directed not to deny such reasonable
wages to the prisoners from whom the State takes work in its prisons.

Conclusion: Several factors are causing the continuance of this system of forced labour. Often, the
usurious rate of interest is one of the leading factors contributing to its continuance. Apart from
that, a faulty adjustment system of wages with the amount lent, prevalent ignorance, illiteracy,
being socially backward, lack of debtor’s organization etc., are all factors contributing to the
continuance of bonded labour. The system of bonded labour is an agreement between two parties,
an agreement which stands void in the eyes of the law in today’s date. It is also a punishable offence
under numerous legislations of India. Due to the gravity of this offence, it has also been addressed in
numerous international conventions. Bonded labour is probably the least known form of slavery,
yet, it is the most widely performed form of slavery. There have been several initiatives by the
National Human Rights Commission to curb this practice. Apart from that, even the Supreme Court
has condemned this practice in India and has given it an expansive meaning so that it is not practised
in any form whatsoever. This system degrades a human into a commodity or an asset. Thus, forced
labour, whatever form it may be, should not be condemned by anyone.

ILO CONVENTION 105

Forced labour is present in some form in all continents, in almost all countries, and in every kind of
economy”. According to the ILO, forced labour is defined as “all work or service which is exacted
from any person under the menace of any penalty and for which the said person has not offered
himself voluntarily” [ILO Forced Labour Convention 29, 1930].
The term forced labour includes slavery and practices similar to slavery as well as bonded labour or
debt bondage. Poverty and discrimination breed the conditions in which forced labour practices
persist. Poor people are often in need of cash just for daily survival, which forces them to sell their
labour in exchange for a lump sum of money or a loan. They are tricked or trapped into working for
very little or no pay, often for long hours and seven days a week. The value of their work is invariably
greater than the original sum of money borrowed.
 ILO definition

COVENTION
 The ILO was established as an agency for the League of Nations following World War I. The ILO
has played a significant role in promoting labour and human rights. It is a meeting point for
governments, workers and employers of ILO’s member States to set labour standards, improve
upon policies and create programs that promote decent work for people.
 Abolition of Forced Labour Convention, 1957, the full title of which is Convention concerning
the Abolition of Forced Labour, 1957 (No. 105), is one of the eight fundamental conventions of
the International Labour Organization.
 The substance of Convention No. 105 was influenced by a U.N. treaty adopted in 1956. In the
1950s, as countries in Asia and Latin America began to undertake agrarian and land tenancy
reforms, the Supplementary Slavery Convention in 1956 set out specific forms of forced labor
that were to be abolished by states’ parties :
a) debt bondage,
b) serfdom, and
c) any institution whereby a child or young person under the age of 18 years is delivered by
either or both of his natural parents or by his guardian to another person, whether for
reward or not, with a view to the exploitation of the child or young person or of his labor.
 The Preamble of convention provides a brief history and chronological order of the events which
have led up to the adoption of this convention.

ARTICLE 1 - PROHIBITION OF USE OF FORCED LABOUR

Each Member of the International Labour Organisation which ratifies this Convention undertakes to
suppress and not to make use of any form of forced or compulsory labour--
a) as a means of political coercion or as a punishment for holding or expressing political views
or views ideologically opposed to the established political, social or economic system;
b) as a method of mobilising and using labour for purposes of economic development;
c) as a means of labour discipline;
d) as a punishment for having participated in strikes;
e) as a means of racial, social, national or religious discrimination.
ARTICLE 2 – IMMEDIATE ABOLITION OF FORCED LABOUR
Each Member of the International Labour Organisation which ratifies this Convention undertakes to
take effective measures to secure the immediate and complete abolition of forced or compulsory
labour as specified in Article 1 of this Convention.

The formal ratifications of this Convention shall be communicated to the Director-General of the
International Labour Office for registration. A3 This Convention shall be binding only upon those
Members of the International Labour Organisation whose ratifications have been registered with the
Director- General and shall come into force for any Member twelve months after the date on which
its ratification has been registered. A4
A Member which has ratified this Convention may denounce it after the expiration of ten years from
the date on which the Convention first comes into force, by an act communicated to the Director-
General of the International Labour Office for registration. However, such denunciation shall not
take effect until one year after the date on which it is registered. A5
The Director-General of the International Labour Office shall intimate all Members of the
International Labour Organisation and also the Secretary of the UN of the registration of all
ratifications and denunciations communicated to him by the Members of the Organisation.

Conclusion: Despite the existence of legislation and schemes aiming to combat modern slavery,
severe gaps between the government’s policy commitments and implementation have been noted.
For instance, a 2016 research study of children trafficked for labour exploitation emphasises that
there are a range of practical challenges to the rescue and reintegration of victims, such as failure to
provide adequate reintegration services, a lack of human and financial resources, limited
organisational accountability, and poorly structured partnerships between NGOs and government,
among others.
Even with all these laws prohibiting human trafficking and child labour, we still see headlines where
containers full of human slaves get seized. Every now and then, when we stop at a local dhaba for
lunch or a ‘pan wala’, we encounter little children running around in a vest and shorts, catering to
the needs of the customers. We have the laws and the provisions, but we still have to go a long way
if we are to come even close to abolishing such idiosyncrasies.
CONTRACT LABOUR (REGULATION) ACT, 1970
Intro: Contract Labour is a significant and growing form of employment. It is prevalent in almost all
industries and allied operations and also in service sector. It generally refers to workers engaged by a
contractor for user enterprise. Contract labour have very little bargaining power, have little or no
social security and are often engaged in hazardous occupations endangering their health and safety.
The exploitation of workers under the contract labour system has been a matter of deep concern for
the Government. The Government enacted the Contract Labour (Regulation and Abolition) Act in
1970.
Scope:
 According to Section 1, it applies:
a) to every establishment in which twenty or more workmen are employed or were employed
on any day of the preceding twelve months as contract labour;
b) to every contractor who employs or who employed on any day of the preceding twelve
months twenty or more workmen.
 The Act shall not apply to establishments in which work only of an intermittent or casual nature
is performed.

Objective: i) to prohibit the contract labour

Ii) to regulate the working conditions of contract labour wherever such employment is not
prohibited

CONTRACT LABOUR:
 Contract Labour: Acc to Section 2(b) A workmen shall be deemed to be employed as contract
labour in the work of an establishment when he is hired in connection with such work by or
through a contractor, with or without the knowledge of the principal employer.
 “Workman” means any person employed in work of any establishment to do any skilled, semi-
skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, but does
not include any such person
a) Who is employed mainly in a managerial or administrative capacity, or
b) Who, being employed in a supervisory capacity draws wages exceeding five hundred rupees
per mensem or
c) who is an out-worker, who carries the process either in his home or in some other premises
not being premises under the control and management of the principal employer. (Job- worker)
 “Contractor” means a person who undertakes to produce a given result for the establishment,
who supplies contract labour for any work of the establishment and includes a sub-contractor.
 “Principal Employer” means
(i) In relation to any office or department of the Government or a local authority, the
head of that office or department.
(ii) In a factory, the owner or occupier of the factory and where a person has been named
as the manager of the factory, the person so named.
(iii) In a mine, the owner or agent of the mine and where a person has been named as the
manager of the mine, the person so named.
(iv) in any other establishment, any person responsible for the supervision and control of
the establishment.
The advisory Boards:
 Section 3 requires the Central Government to constitute a Central Advisory Contract Labour
Board to advise the Central Government on such matters arising out of the administration of the
Act as may be referred to it and to carry out other functions assigned to it under the Act.
 Section 4 similarly requires the State Government to constitute the State Advisory Contract
Labour Board to advise the State Governments on such matters arising out of the administration
of the Act as may be referred to it and to carry out other functions assigned to it under the Act.

Registration Of Establishments Employing Contract Labour:

 Every establishment on which this Act is applicable has to get itself registered. Section 7 of the
Act lays down that every principal employer of an establishment to which the Act applies shall
make an application to the registering officer appointed by the appropriate govt. A registration
fee varying from Rs. 20 to Rs. 500 which is related to the number of workmen employed as
contract labour, is payable.
 The registration can be revoked in the following circumstances.
1. If the registering officer is satisfied, that the registration has been obtained by mis-
representation or suppression of any material fact, or
2. that the registration has become useless and become ineffective for any other reason
and, therefore, requires to be revoked.
In both the cases, the registering officer shall give an opportunity to the principal employer
of the establishment to be heard.

Prohibition Of Employment Of Contract Labour (Section 10):

This is the most significant provision in the Act. It empowers the appropriate Government to prohibit
employment of contract labour in any process, operation or other work in any establishment by
issuing a notification in the Official Gazette.
The following steps are, however, required to be taken before such a notification is issued:
1) the appropriate Government shall consult the Central Board or the State Board,
2) the appropriate Government shall have regard to the conditions of work and benefits
provided for the contract labour in that establishment and other relevant factors such as:
(a) whether the process, operation or other work incidential to, or necessary for the
industry, trade, business, manufacture or occupation that is carried on in the establishment.
(b) whether it is of perennial nature, that is to say, it is of sufficient duration having regard
to the nature of industry, trade, business, manufacture or occupation carried on in that
establishment; (c) whether it is done ordinarily through regular workmen in that
establishment similar thereto; (d) whether it is sufficient to employ considerable number of
wholetime workmen.
But where the government fails to disclose the basis for refusing to abolish contract labour, it
amounts to nonapplication of mind to the requirements of Section 10(2) and the court can order
abolition of contract labour (GEA v. Union of India)

Jurisdiction of Industrial Tribunals to abolish contract labour: It has been held by the Supreme
Court in Vegolis Private Ltd. v. The Workmen, that after enforcement of the Contract Labour
(Regulation and Abolition) Act, 1970, the sole jurisdiction for abolition of contract labour in any
particular operation vested with the appropriate Government and thereafter the Tribunals have no
jurisdiction to abolish contract labour. Supreme Court cannot under Article 32 of the Constitution
order for abolition of Contract Labour System in any establishment.

After-effect of abolition of contract labour: At present there is no provision in the Act for
absorption of contract labour in the event of prohibition of employment of contract labour in any
category of work/jobs under Section 10 of the Act. There have been complaints that contract
workers are being thrown out of employment in the jobs.
On this crucial question, the Supreme Court in Air India Statutory Corporation v. United Labour
Union, held that a High Court in exercise of its jurisdiction under Article 226 of the Constitution, can
direct a principal employer in an appropriate case to absorb the workman concerned after abolition
of the contract labour. The Court in this case also overruled another important case (Gujarat
Electricity Board) wherein it was held that on abolition of contract labour their employees are free to
raise their cause for reference under Section 10 of Industrial Disputes Act, 1947 seeking absorption
of contract labour.
*However, in Steel Authority of India v. National Union of Water Front Workers and others, the
Supreme Court overruled the judgement delivered in the Air India Statutory Corporation case. The
Apex Court held that neither Section 10 of the Act nor any other provision in the Act whether
expressly or by necessary implication provides for automatic absorption of contract labour on issuing
a notification by the Appropriate Government under Section 10(1) prohibiting employment of
contract labour in any process or operation or other work in any establishment. Consequently, the
principal employer cannot be required to order absorption of contract labour working in the
concerned establishment.

Appointment Of Licensing Officer And Licensing Of Contractors:

 Under Section 12 of the Act, no contractor to whom the Act applies can undertake or execute
any work though contract labour except under and in accordance with the license issued in that
behalf by the licensing officer appointed by appropriate govt.
 The license may contain such conditions including, in particular, conditions as to hours of work,
fixation of wages and other essential amenities in respect of contract labour as the appropriate
Government may deem fit to impose.
 The license shall be issued on the payment of prescribed fee and on the deposit of security, if
any, for the due performance of the conditions prescribed in the license. The licensee fee ranges
from Rs. 5 to Rs. 125 depending on the number of workmen employed by the contractor. The
license is not-transferable.
 The license is issued after necessary investigation by the licensing officer. It is valid for the
period of 12 months and may be renewed from time to time for such period and on payment of
such fees and on such conditions as may be prescribed.
 If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise,
that(a)the license has been obtained by misrepresentation or suppression of any material fact or
that (b) the holder of license has, without reasonable cause, failed to comply with the conditions
subject to which the license has granted or has contravened of any of the provisions of the Act
or the rules made thereunder, the licensing officer may revoke or suspend the license.
However, the licensing officer has to give the holder of the license an opportunity of showing
cause.
APPEALS:
The Act makes provision for appeals against orders relating to grant of registration to
establishments, revocation of registration and revocation/suspension of licences. The aggrieved
person may within 30 days from the date on which the order is communicated to him prefer an
appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate
government.

Welfare And Health Of Contact Labour:

The contractors are required to take certain specific measures for the welfare and health of contract
labour in the enterprises to which this Act applies. The relevant provisions are as follows:
1. Canteens (Section 16)
The appropriate Government has powers to make rules requiring that in every
establishment to which the Act applies and wherein contract labour numbering 100 or more
is ordinarily employed by a contractor and the employment of the contract labour is likely to
continue for such period as may be prescribed, one or more canteens shall be provided and
maintained by the contractor for the use of such contract labour.
2. Rest rooms (Section 17)
In every place where contract labour is required to halt at night in connection with the work
of an establishment, there shall be provided and maintained by the contractor for the use of
the contract labour such number of rest rooms or such of the suitable alternative
accommodation. The rest room or alternative accommodation shall be sufficiently lighted
and ventilated and shall be maintained in a clean and comfortable condition.
3. Other facilities (Section 18)
It shall be the duty of every contractor employing contract labour in connection with the
work of an establishment to which the Act applies, to provide and maintain:
(a) a sufficient supply of wholesome drinking water for the contract labour at convenient
places;
(b) a sufficient number of latrines and urinals of the prescribed types conveniently situated
and accessible to the contract labour; and
(c) washing facilities.
4. First Aid facilities (Section 19)
The contractor is required to provide and maintain a first aid box equipped with the
prescribed contents at every place, where contract labour is employed by him. The first aid
box should be readily accessible during working hours.

If the prescribed amenities are not provided by the contractor within the prescribed time, then such
amenities shall be provided by the principal employer. All expenses incurred by the principal
employer in providing the amenity may be recovered by him from the contractor either by
deduction from any amount payable to the contractor under any contract or as a debt payable by
the contractor.

Responsibility for payment of wages (Section 21):

A common complaint against the contractors has been that some of them do not pay proper wages
to the contract labourers or that payments are not made in time or that arbitrary deductions are
made from wages. To take care of such malpractices, Section 21 lays down that the Contractor shall
pay wages in the presence of the authorised representative of the Principal employer. An obligation
is also cast on the principal employer to nominate a representative duly authorised by him to be
present at the time of disbursement of wages.

Inspectors:
Under Section 28 of the Act, appropriate Governments have been given powers to appoint
inspectors.
powers of Inspectors, read as follows: an inspector may, within the local limits for which he is
appointed: (a) enter, at all reasonable hours, being in the service of the Government or any local or
other public authority, any premises or place where contract labour is employed, for the purpose of
examining any register or record or notices required to be kept or exhibited and require the
production thereof for inspection; (b) examine any person whom he finds in any such premises or
place and who, he has reasonable cause to believe, is a workmen employed therein; (c) require any
person giving out work and any workmen, to give any information; (d) seize or take copies of such
register, record of wages or notices or portions and (e) exercise such other powers as may be
prescribed.

CONSTITUTIONAL VALIDITY OF THE ACT:

GAMMON INDIA LTD. ETC. VS. UNION OF INDIA AND OTHERS in this case the constitutional validity
of the Act was challenged; It was also contended before the Court that Section 34 of the Act which
empowers the Central Government to make any provision for removal of difficulty is
unconstitutional on the grounds of excessive delegation. The Supreme Court held that Section 34 of
the Act is an application for the internal functioning of the administrative machinery and gives effect
to the provisions of the Act, therefore does not amount to excessive delegation. The Court dismissed
the petitions and held that the Act does not violate the Constitution and it is constitutionally valid.

Conclusion: This Act is an essential legislature when it comes to the protection of the rights of
workers who are appointed based on a contract by a contractor. However, the Act has several
drawbacks which should be taken into account by the legislature, such as:-
Often the establishments take advantage of the provisions by taking licenses in different names.
Therefore, to curtail this problem there should be a single window for issuing licenses and there
should be a licensing authority to deal with the situation in every state; The penal provisions of the
Act are not deterrent enough, so it enables the principal employer to rather face prosecution instead
of following the provisions of the Act; the education scheme of contract labourers should be
extended as most workers are unskilled, illiterate and ignorant of their rights.
Sexual Harassment of Woman at Workplace (Prevention, Prohibition and
Redressal) Act, 2013
Intro: Any act, action or behavior with an underlying sexual connotation done to intimidate or
humiliate a victim can be classified as sexual harassment. It may comprise of a single act or a series
of them, and there is no relevance attached to the intention of the perpetrator behind such action.
Certain common instances of sexual harassment include: leering at a female colleague’s body,
passing distasteful comments on her character or about the way she dresses, indulging in
inappropriate sexual humor in the workplace, sexually suggestive gestures, calling up a female
colleague late at night or persistently insisting her for lunch or dinner dates thereby making her
uncomfortable or any other such verbal or physical conduct.
The popular perception that sexual harassment essentially constitutes overt physical acts is a major
misconception in extending the ambit of the definition. The psychological element, including any
subtle gesture or innuendo, is equally important. Women across all ages and professions face the
problem of sexual harassment.
Sexual harassment speaks more to power relationships and victimization than it does to sex itself. It
reflects a disparity in power between the perpetrator and the victim, which more often than not,
mirrors the power differentials between men and women in society.

Sexual Harassment: Undermining Rights and Basic Human Dignity of Indian Citizens
The very notion of Sexual Harassment in the workplace intrinsically violates certain basic
fundamental rights guaranteed to the citizens of India, enshrined in and protected by the Indian
Constitution. Such provisions are:
1. Article 14: Equality before the law or the equal protection of the law.
2. Article 15: Prohibition of discrimination on the grounds of sex.
3. Article 19: Right to practice any profession or to carry out any occupation, trade or business which
right includes within its ambit “a right to a safe environment free from sexual harassment.”
4. Article 21: Right to life and personal liberty which includes right to life with dignity.

Vishaka and Others. V. State of Rajasthan:

The incident that lead to a public interest litigation being (PIL) filed in respect of the Vishakha case
was the gang rape of a social worker in Rajasthan. Bhanwari Devi was a grassroots worker and
activist, employed in the Women’s Development Project (WPD) of the government of Rajasthan. In
1992, the Rajasthan government launched a campaign against child marriages, in which the WPD
members persuaded villagers to abandon the practice. Bhanwari Devi made all possible efforts to
prevent the marriage of a one-year-old girl, but in vain. What ensued for her was worse than a
nightmare. The villagers harassed, threatened and socially boycotted Bhanwari Devi. Then in
September 1992, five villagers raped her in the presence of her husband. She sought justice, but
faced innumerable hurdles from police authorities. The trial court even went ahead and acquitted
the five accused.
This made five NGOs under the name ‘Vishaka’ to file PIL in the Supreme Court seeking detailed
directions on how sexual harassment of women at workplace could be prevented using judicial
activism.
The Recognition of Sexual Harassment as an Offence - The offence of Sexual Harassment in India had
no statutory reference till as late as 1997. There was no legal obligation upon institutions or
management to protect and prevent women employees from experiencing sexual harassment. The
Indian Judiciary, for the first time in Vishaka v. State of Rajasthan gave voice to the rising concerns of
sexual harassment by laying down a formal procedure to check harassment in the workplace.
The newly adopted definition of sexual harassment was in tandem with that laid down by CEDAW
1979, United Nations Convention on the Elimination of all Forms of Discrimination against Women
which ratified on 9th July 1993. The court laid down certain guidelines to ensure a safe and
conducive working environment for women in their workplaces.
The Vishaka Guidelines were taken as the basis on which The Sexual Harassment of Women in the
Workplace (Prevention, Prohibition and Redressal) Act 2013 was drafted.

The Sexual Harassment of Women in the Workplace (Prevention, Prohibition and Redressal) Act
2013:
The objective of the Sexual Harassment Act of 2013 was to make the workplace a safer place for
women and to protect them from sexual harassment. It also functions as a forum for both avoiding
and addressing problems. “Sexual harassment has been ruled a breach of a woman’s fundamental
right to equality, as guaranteed by Articles 14 and 15, and her right to life and dignity, as guaranteed
by Article 21. Sexual harassment has also been deemed a violation of the freedom to practice or
carry out any vocation, trade, or business, which includes the right to a safe workplace, under Article
19(1) (g) of the Constitution.”

Section 2(n) - Under the POSH Act, “sexual harassment” includes any one or more of the following
unwelcome acts or behaviour (whether directly or by implication):
(i) If a woman worker suffers physical contact and advances;
(ii) If a demand or request for sexual favors is made on her;
(iii) If sexually colored remarks are directed towards her;
(iv) If she is shown pornography; or
(v) If she faces any other unwelcome physical, verbal or non-verbal conduct of sexual
nature.
This is not an exhaustive list as the POSH Act covers a wide-ranging definition of sexual harassment
and therefore, in addition to these there are several more circumstances and behaviour which
account as ‘sexual harassment. (S.3)
(i) If a female worker faces implied or explicit promise of preferential treatment in her
employment; or
(ii) If she receives implied or direct threat of adverse treatment in her employment; or
(iii) If she sees implied or obvious threat about her present or future employment status; or
(iv) If there is an undue interference with her work or circumstances designed to create an
intimidating or offensive work environment for her; or
(v) If she is meted out the humiliating treatment which is likely to affect her health, mental
or physical, and/or her safety.
Further, under the POSH Act, the scope of workplace includes any and all units, branches, offices,
establishments of any organization, and any place visited by an employee during the course of
employment including the transportation provided by such entity for undertaking such journey.
Complaints Committee:
An important feature of the Prevention of Workplace Sexual Harassment Act is that it envisages the
setting up of grievance redressal forums for both organized and unorganized sectors.
A. Internal Complaints Committee- Section 4 The Act requires an employer to set up an
‘internal complaints committee’ (“ICC”) at each office or branch, of an organization
employing 10 or more employees, to hear and redress grievances pertaining to sexual
harassment.
Constitution of the ICC-
Presiding Officer: Woman employed at a senior level at the workplace from amongst the
employees.
Members: Not less than 2 members from amongst employees. Preferably committed to the
cause of women or who have had experience in social work or have legal knowledge.
External member: From an NGO or association committed to the cause of women or person
familiar with issues relating to sexual harassment.
Not less than half of the ICC Members shall be women
The term of the ICC Members shall not exceed 3 years
B. Local Complaints Committee- Section 6 At the district level, the Government is required to
set up a ‘local complaints committee’ (“LCC”) to investigate and redress complaints of sexual
harassment from the unorganized sector or from establishments where the ICC has not been
constituted on account of the establishment having less than 10 employees or if the
complaint is against the employer.
Constitution of the LC
Chairperson: An eminent woman in the field of social work and committed to the cause of
women.
Local Woman: One of the members to be nominated from amongst the women working in
block, taluka, tehsil or ward or municipality in the district.
NGO members: Two members, out of which, atleast one shall be a woman to be nominated
from an NGO or an association committed to the cause of women or a person familiar with
issues pertaining to sexual harassment.
Atleast one of the members should have a background in law.
Atleast one of the members should be a woman belonging to the Scheduled Castes or
Scheduled Tribes.

Complaint Mechanism- Section 9:

An aggrieved woman who intends to file a complaint is required to submit six copies of the written
complaint, along with supporting documents and names and addresses of the witnesses to the ICC
or LCC, within 3 months from the date of the incident and in case of a series of incidents, within a
period of 3 months from the date of the last incident. The ICC/ LCC can extend the timeline for filing
the complaint, for reasons to be recorded in writing, by a period of 3 months. The law also makes
provisions for friends, relatives, co-workers, psychologist, psychiatrists, etc. to file the complaint in
situations where the aggrieved employee is unable to make the complaint on account of physical
incapacity, mental incapacity or death.
Conciliation – Section 10:
Before initiating action on a complaint, the IC on the request of the aggrieved woman, can make
efforts to settle the matter between the parties through conciliation by bringing about an amicable
settlement. Conciliation is basically an informal method of resolving complaints before the complaint
escalates into a fully blown formal inquiry. Monetary settlement should not be made as a basis of
conciliation. Once a settlement has been arrived at, the IC shall not proceed with an inquiry under
the POSH Act.

Redressal Process/ Inquiry - Section 11, 13:

Timelines-
 Written complaints (6 copies) along with supporting documents and names and addresses of
witnesses have to be filed within 3 months of the date of the incident. Timeline extendable
by another 3 months.
 Upon receipt of the complaint, 1 copy of the complaint is to be sent to the respondent
within 7 days.
 Upon receipt of the copy of complaint, the respondent is required to reply to the complaint
along with a list of supporting documents, and names and addresses of witnesses within 10
working days.
 The Inquiry has to be completed within a total of 90 days from the receipt of the complaint.
The Inquiry report has to be issued within 10 days from the date of completion of inquiry.
 The employer is required to act on the recommendations of the IC/LC within 60 days of
receipt of the Inquiry report.
 Appeal against the decision of the committee is allowed within 90 days from the date of
recommendations

Interim Reliefs – Section 12:

The ICC/LCC is also empowered to, at the request of the complainant, recommend to the employer
interim measures such as:
i. transfer of the aggrieved woman or the respondent to any other workplace
ii. granting leave to the aggrieved woman up to a period of 3 months in addition to her
regular statutory/ contractual leave entitlement
iii. restrain the respondent from reporting on the work performance of the aggrieved
woman or writing her confidential report

Punishment and Compensation – Section 15:

The statute prescribes the following punishments that may be imposed by an employer on an
employee for indulging in an act of sexual harassment:
i. punishment prescribed under the service rules of the organization;
ii. if the organization does not have service rules, disciplinary action including written
apology, warning, reprimand, censure, withholding of promotion, withholding of
increments, terminating the respondent from service, undergoing a counselling session,
or carrying out community service; and
iii. deduction of compensation payable to the aggrieved woman from the wages of the
respondent.
The statute also envisages payment of compensation to the aggrieved woman. The
compensation payable shall be determined based on: • the mental trauma, pain, suffering and
emotional distress caused; • the loss in career opportunity due to the incident of sexual
harassment; • medical expenses incurred by the victim for physical/ psychiatric treatment; • the
income and status of the alleged perpetrator; and • feasibility of such payment in lump sum or
in installments.

Duties of an Employer- Section 19:

The POSH Act prescribes certain duties of the employer to provide a safe working environment.
Set out below are some of the duties:
(i) Formulate an internal anti-sexual harassment policy for prohibition, prevention and
redressal of sexual harassment, promote gender-sensitive safe spaces;
(ii) Use modules and reports prepared by the State Governments to conduct workshops and
posh awareness training for employees;
(iii) Display the penal consequences of sexual harassment through posters, boards, etc. at
prominent places in the workplace;
(iv) Assist in securing the attendance of contravener, and witnesses before the complaints
committee;
(v) Ensure that the aggrieved woman or its witness is not punished by discharging,
transferring, dismissing, or otherwise for any misconduct, as a consequence of the
complaint;
(vi) Provide full assistance to the aggrieved women if she chooses to file a complaint;
(vii) Monitor timely submission of reports by the Internal Complaints Committee;
(viii) Treat sexual harassment as misconduct under the service rules and initiate action for
such misconduct

Annual Report- Section 21:

The Internal Complaints Committee is required to prepare an annual report at the end of the
financial year. It is the responsibility of the Presiding Officer to ensure a full account of the
committee’s activities during the previous year is recorded and forward a copy thereof, to the
employer and/ the district officer.

Consequences of noncompliance- Section 26:

If an employer fails to constitute an ICC or does not comply with the requirements prescribed
under the Prevention of Workplace Sexual Harassment Act, a monetary penalty of up to INR
50,000 may be imposed. A repetition of the same offence could result in the punishment being
doubled and / or de-registration of the entity or revocation of any statutory business licenses.

Double Edged Sword: Instances of Use of the law as a means of Vengeance

Any measure which aims to protect the disadvantaged sections of the society or minorities is
likely to be abused, and Vishakha is no different. In the case of Usha C.S v. Madras Refineries,
The Madras High Court heard a complaint of sexual harassment made by the employee of
Madras Refineries Ltd, a public sector undertaking. The employee alleged that she was denied
her study leave with pay, salary and promotion because she rejected the advances of the
general manager of her department. After examining the facts, the court held that the
employees’ allegations regarding her promotion and study–leave were baseless, as both
decisions appeared to have been taken in accordance with the company policy. Further, the
complaint committee had been properly constituted, but the employee had persistently delayed
the inquiry, therefore, her allegations of sexual harassment were merely a weapon to bargain
for a promotion and study leave and pay, contrary to company policy. Highlighting and
condemning the misuse of the Supreme Court’s judgement in Vishakha, the court held: “The
employer, who is supposed to keep a vigilant eye on the victim and the delinquent, is not
expected to allow the woman to use it as a shield so presented by the apex court as a means to
seek vengeance. It is true that we are bound by the decisions of the apex court, but that does
not mean that they can be allowed to interpret to suit the convenience of the woman like the
petitioner, for personal gain.”
As seen in the famous Rohtak Bravehearts Case, the media was quick to pounce on the story of
two women mercilessly beating up their Molesters in a Haryana Intercity Bus, these Men were
branded as Demons and were called all sorts of Names. They tried to assert their innocence but
to no avail. They were portrayed as villains in the story. While the girls were catapulted to the
status of Heroines even before the case went on trial. They (the Girls) were to be awarded by
the Haryana Government for their bravery. The case took two years to provide a conclusive
judgement, the judgement shook everyone to the core in the judgement it was found that there
was no harassment done by the three accused. All the evidence and witnesses said that the men
had not given any inappropriate gestures or implications. After a thorough background check, it
was found that the family of the supposed victims (Aarti and Pooja) had the habit of borrowing
money and then coercing the lenders to forgo the loans by threatening to file false complaints of
Rape, Kidnapping and Molestation. While the matter was under trial the Boys (Kuldeep,
Narayan, Mohit) had lost their chance to sit for the armed forces written exam as they were
accused of such a controversial case. Two of them were forced to quit their education. Once the
judgement came out all the boys demanded the court was to regain their respect.

Conclusion: The implementation of the Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act, 2013 has been a good initiative but it still is not free from any
loop holes and issues in the laws they are stated as follows:
1. if a male employee ever goes through sexual harassment, he will not be able to claim relief
under this particular legislation.
2. The law talks about formation of the ICC for redressal of complaints, but the legislation is
very vague in respect of the ICC regarding its constitution, the setting up of an ICC in every
branch and office is a very expensive affair.
3. Colin Kaepernick Effect- The false cases filed in the Act have been much publicised and have
ruined the image of women in many workplaces. Also, with the onslaught of the METOO
movement, each and every action is under scrutiny. According to many critics the normal
balance of the workplace has been disrupted. One dire effect which this act might have is
the non-hiring of capable and qualified women.
We have certainly come a long way from having no mechanism for redressal available to a
woman to a very potent and robust mechanism available for redressal. In depth view in the topic
makes us realise that any law cannot be unidimensional. And a law as revolutionary as sexual
Harassment of Women in Workplace has had huge social implications.
What I feel is that this law is certainly a step in the right direction. What it requires is public
awareness, sensitivity and robust implementation. The due process should be followed. There
should also be a Men’s Commission in place so that even men have the right to address their
grievances in a systematic manner.
As the job of the Act is to bring equality not to suppress any gender.
 CONSTITUTIONAL ASPECTS FOR JUST AND HUMANE CONDITIONS OF
WORK
 Since the ancient times, labour class has been downtrodden and deprived of good life by
people of higher class, Landlords or by royal families. Across the globe this problem was
common. In India, it was very common from the ancient times, that in caste system, lower
caste people were always dominated by the higher caste people.
 To the response, the labour welfare activities arose in colonial India. British Government
passed legislations which led to the development of the concept of labour welfare in the
colonial India. It was the Factories Act, 1881 which paved the way for foundation of series of
labour laws with objective of bringing improvements in working conditions of labours. The
International Labour Organization (ILO), in 1919, recognised the importance of labour in
economic and social reconstruction of the world.
 India got its independence in 1947 and Constituent Assembly was formed to draft the
constitution for free India. The fundamental rights mentioned in the Constitution provide
inter alia for an equal opportunity before the law and prohibition of discrimination based on
religion, caste, sex, etc. Similarly, the “Directive Principles of State Policy‟ laid down of the
Constitution adjure the State to inter alia ensure that all citizens have an adequate means of
livelihood, right to education, and just and humane conditions of work, and to further ensure
participation of workers in the management of industries.
 Hence, the Constitution of India emphasizes the concept of social justice as one of the
fundamental objects of State policy and these protective provisions edify the spirit of Indian
industrial laws.
MEANING OF LABOUR WELFARE:
 The person working in any industry or organization is known as labour but not every person
who is employed in such industry is labour. There are many exceptions provided under
different- different labour laws. As most of the labour statutes are for persons working in
lower category which government feels can be exploited easily, so they protect them only,
many laws are not applicable on the small industries, etc… Hence, there is no exact
definition of the term ‘labour’.
 The concept of labour welfare is a broad concept. It connotes a condition of well-being,
happiness, satisfaction, conservation and development of human resources. The Committee
on Labour Welfare, 1969 noted that “labour welfare includes such services, as facilities and
amenities of adequate canteen, rest, sanitary and medical facilities, arrangements for travel
to and from work, accommodation of workers and such other facilities which contribute to
improve the condition under which workers are employed”.
 There are various labour laws enacted and regulated by the parliament of India and state
legislature by virtue of Article-246(4) of the constitution of India for the welfare and
betterment of the labour and their conditions of work. Such as Maternity Relief Act,
Industrial Dispute Act, Mines Act 1952, Factories Act 1948, Child Labour (Prohibition and
Regulation) Act 1986, the Contract Labour (Regulation and Abolition) Act 1970 etc.
CONSTITUTIONAL ASPECTS OF JUST AND HUMANE CONDITIONS OF WORK:
The Constitution of India provides innumerable rights in respect of just and proper humane
working conditions for every worker. The founding fathers of the Constitution cognizant of the
reality of life-wisely engrafted the Fundamental Rights and Directive Principles of State Policy
 enshrined under Part-III and Part-IV that mentions benchmark laws in relation to the working
class.
I. FUNDAMENTAL RIGHTS
a) ARTICLE-14: This article provides for equality before the law which is interpreted in labour
law as “Equal Pay for Equal Work”. It does not mean that Article-14 is absolute. As the
skilled and unskilled labours shall receive payment according to their merits.
In Randhir Singh v. Union of India – the apex court held that although the principle of
'equal pay for equal work' is not expressly declared by our Constitution to be a
fundamental right, but it is certainly a constitutional goal under Articles 14, 16 and 39
(c) of the Constitution. This right can be enforced in cases of unequal scales of pay
based on irrational classification
b) ARTICLE- 19(1)(c): This article guarantees citizens to form a union or association. The Trade
Union Act, 1926 works via this article. It allows workers to form trade union. Trade union
provides the power to raise voice against atrocities done to the workers. Hence,
unionization brings power to labourers
c) ARTICLE-21: Right to life, includes right to the means of livelihood which make it possible
for a person to live with dignity.
The Constitution of India has not include right to health under a specific provision.
But Indian judiciary treats right to health as an integral part of the right to life under
Article-21. Right to Health relates with right to enjoy the highest attainable standard
of physical and mental health.
In C.E.R.C v. Union of India - SC held that right to health, medical aid to protect
health and vigour of worker while in service or post-retirement is fundamental right
under Article21 of the constitution of India. Similarly, in Paschim Banga Khet Mazoor
Samity v. State of West Bengal - Court ruled that under welfare state policy, the
primary duty of government is to provide adequate medical facilities for its people.
d) ARTICLE-23: Article-23 prohibits forced labour. When britishers ruled over India, this evil
practice was prevalent all over India. They were made to work against their will and not
paid according to their work. Now, the forced or bounded labour is a crime and it
prohibited under Bonded labour (Abolition) Act, 1976.
In Peoples Union for Democratic Rights v. Union of India - the Supreme Court held
that the scope of Article 23 is wide and unlimited and strikes at "traffic in human
beings" and "begar and other forms of forced labour" wherever they are found.
"Begar is a form of forced labour under which a person is compelled to work without
receiving any remuneration.
This Article strikes at forced labour in whatever form it may manifest itself, because it
is violative of human dignity and contrary to basic human values.
Justice Bhagwati said, ‘The word 'force' must be construed to include not only
physical or legal force but also force arising from the compulsion of economic
circumstances which leaves no choice of alternatives to a person in want and
compels him to provide labour or service even though the remuneration received for
it is less than the minimum wage’.
In Deena v. Union of India- it was held that labour taken from prisoners without
paying proper remuneration was "forced labour" and violative of Art. 23 of the
 Constitution. The prisoners are entitled to payment of reasonable wages for the work
taken from them and the Court is under duty to enforce their claim.
e) ARTICLE-24: Article-24 prohibits all forms of child labour. Nobody can employ a child below
age of 14 years to work. As we all know, child labour was a massive problem of our country
in earlier times and it is still happening but at a lower scale. In M. C. Mehta v. State of
Tamil Nadu - (known as Child Labour Abolition case) the Supreme Court held that children
below the age of 14 years cannot be employed in any hazardous industry. Exhaustive
guidelines was laid down as to how State Authorities should protect economic, social and
humanitarian rights of millions of children , working illegally in public and private sections
II. DIRECTIVE PRINCIPLES OF STATE POLICY
Part-IV of the Constitution of India known as DPSP aims to work towards the welfare of its citizen.
DPSP cannot be enforced on the court of law, but it provides guidelines to the government for
making labour laws in India.
a) ARTICLE-38(2): This article provides that state shall strive to minimize the inequalities in
income, status and opportunities among group of people who are residing or engaging in
different vocations.
b) ARTICLE-39(a): This article provides that state shall direct its policy towards securing that the
citizen (both men and women equally) have right to an adequate means of livelihood.
c) ARTICLE-39(d): This article provides that the state shall direct its policy towards securing that
there is equal pay for equal work for both men and women. Thus, the wages shall not be
determined on the basis of sex.
In State of Punjab v. Jagjit Singh - court held that temporarily engaged employees
are entitled to minimum of the regular pay scale along with dearness allowance on
account of performing same duty as discharged by regular employee.
d) ARTICLE-39(e): This article provides that the state shall direct its policy towards securing that
the health and strength of the workers and tender age of children are not abused. In Sheela
Barse v. Union of India - the apex court held that a child is a national asset and therefore, it
is duty of state to look after the child with a view to ensure his full development of
personality.
e) ARTICLE-41: This article provides that state within the best of its economic capacity will
secure right to work and education to every citizen in case of unemployment, sickness, old
age, etc….
f) ARTICLE-42: JUST AND HUMANE CONDITIONS OF WORK Article-42 talks about the upliftment
of the working conditions for the workers. It states that the state shall make provisions for
ensuring just and humane conditions of work and maternity relief. The positive and humane
work environment ensures employee job satisfaction and would increase overall productivity.
PURPOSE OF THE ARTICLE-42: This is the evident fact that most of India’s population is poor and
many such people find work in the unorganized sectors amid the low quality work environment. For
instance, construction workers had to work with no safety gear in the earlier days. Sanitation
workers were not given the proper equipment to work with. Earlier, female employees used to get
fired from their jobs when they had to take maternity leave. Some even tried to work through those
months to avoid losing their job. These working conditions were not at all humane and led to many
accidents. To ensure that the state changes its casual attitude towards its employees, Article 42 was
added to the constitution of India.
FEATURES OF THE ARTICLE-42: As we all know that the positive and humane work environment
ensures employee job satisfaction and would increase overall productivity. Such security is provided
to the workers via article-42. Following are some features of the article-42:-  It imposes a duty on
the Central as well as the state governments to apply this principle in making laws relating to
maternity benefits and working conditions in factories, etc.  Its aim is to create such working
conditions that each and every employee will be motivated to work efficiently. It also aims to ensure
maternity benefits for female workers so that they can take a leave from work while in labour,
without worrying about losing their job.  Acts as a yardstick for the public to measure government
actions related to working conditions and maternity relief.  It can be used by the courts to help
them in taking decisions when the executive or the administration has taken questionable actions
against what is stated by this principle
In U.P.S.C. Board v. Harishankar - SC held that Article-42 provides the basis of larger body of labour
law in India.
In P. Sivaswamy v. State of A.P.- SC held that Article-42 makes it obligation of state to make
provisions for securing just and humane conditions of work.
g) ARTICLE-43: This article provides that state shall make efforts to secure work, living wages,
conditions of work ensuring a decent standard of life and full enjoyment of leisure and social
and cultural opportunities.
h) ARTICLE-43A: This article provides that state shall take steps to secure the participation of
workers in management of under taking, establishment, etc…
Conclusion: Often the people who work in certain public and private sectors where the job involves
a high amount of risk to their safety are exploited because they lack basic awareness of their rights.
Also, employees are made to work overtime without any remuneration. Such exploitation only
harms the employees. It is the duty of the State to create just and safe working conditions for its
workers and employees. No doubt, government of India has worked hard for the betterment of the
workers in the country. There have been many legislations and provisions under the constitution for
improving conditions of labourers and workers in the country. As the workers are the major factors
for the economic development of the country, ergo, there betterment is at most important. Though,
through the constitutional provisions, there has been development of labour class but as every coin
has two sides in same manner many times the rights of labourers has been neglected by the
government, employer, society or even by the leaders of the trade union too.
ILO CONVENTION 138 (1-9 ART)
with a view to achieving the total abolition of child labour
1) Frame national policy- Each Member undertakes to pursue a national policy designed to
ensure the effective abolition of child labour and to raise progressively the minimum age for
admission to employment or work to a level consistent with the fullest physical and mental
development of young persons.
2) Declare min age- Each Member shall specify in a declaration, a minimum age for admission
to employment or work within its territory shall not be less than the age of completion of
compulsory schooling and, in any case, shall not be less than 15 years. However, a Member
whose economy and educational facilities are insufficiently developed may, after
consultation with the organisations of employers and workers concerned, where such exist,
initially specify a minimum age of 14 years and give reasons for the same.
Each Member which has ratified this Convention may subsequently notify the Director-
General of the International Labour Office, by further declarations, that it specifies a
minimum age higher than that previously specified.
3) Min age for hazardous work- The minimum age for admission to any type of employment or
work which by its nature is hazardous to health or safety of young persons shall not be less
than 18 years. The types of employment or work shall be determined by national laws or
regulations or by the competent authority, after consultation with the organisations of
employers and workers concerned, where such exist.
4) Exemption to certain employments- The competent authority, after consultation with the
organisations of employers and workers concerned, may exclude from the application of this
Convention limited categories of employment or work in respect of which special and
substantial problems of application arise.
5) The provisions of the Convention shall be applicable as a minimum to the following: mining
and quarrying; manufacturing; construction; electricity, gas and water; sanitary services;
transport, storage and communication; and plantations and other agricultural undertakings
mainly producing for commercial purposes, but excluding family and small-scale holdings
producing for local consumption and not regularly employing hired workers.
6) This Convention does not apply to work done by children and young persons in schools for
general, vocational or technical education or in other training institutions.
7) National laws or regulations may permit the employment or work of persons 13 to 15 years
of age on light work which is-- ▪ (a) not likely to be harmful to their health or development;
and ▪ (b) not such as to prejudice their attendance at school, their participation in vocational
orientation or training programmes.
8) All necessary measures, including the provision of appropriate penalties, shall be taken by
the competent authority to ensure the effective enforcement of the provisions of this
Convention.
National laws or regulations or the competent authority shall define the persons
responsible for compliance with the provisions giving effect to the Convention.
ILO CONVENTION 189
It offers specific protection to domestic workers. It lays down basic rights and principles, and
requires States to take a series of measures with a view to making decent work a reality for domestic
workers. It was adopted with the aim to recognise the significant contribution of domestic workers
to the global economy, which includes increasing paid job opportunities for women and men
workers with family responsibilities, greater scope for caring for ageing populations, children and
persons with a disability, and substantial income transfers within and between countries.
It was adopted considering that domestic work continues to be undervalued and invisible and is
mainly carried out by women and girls, many of whom are migrants or members of disadvantaged
communities and who are particularly vulnerable to discrimination in respect of conditions of
employment and of work, and to other abuses of human rights.
The Convention applies to all domestic workers.
1) Defines:
a) the term domestic work means work performed in or for a household or households;
b) the term domestic worker means any person engaged in domestic work within an
employment relationship;
a person who performs domestic work only occasionally or sporadically is not a domestic
worker.
2) Each Member shall take measures to ensure the effective promotion and protection of the
human rights of all domestic workers, as set out in this Convention, namely:
(a) freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of employment and occupation
3) Each Member shall set a minimum age for domestic workers consistent with the provisions
of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour
Convention, 1999 (No. 182), and not lower than that established by national laws and
regulations for workers generally
4) Each Member shall take measures to ensure that work performed by domestic workers who
are under the age of 18 and above the minimum age of employment does not deprive
them of compulsory education, or interfere with opportunities to participate in further
education or vocational training.
5) Each Member shall take measures to ensure that domestic workers are informed of their
terms and conditions of employment in an appropriate, verifiable and easily
understandable manner and preferably, where possible, through written contracts, in
particular: ▪ (a) the name and address of the employer and of the worker; ▪ (b) the address
of the usual workplace or workplaces; ▪ (c) the starting date and, where the contract is for a
specified period of time, its duration; ▪ (d) the type of work to be performed; ▪ (e) the
remuneration, ▪ (f) the normal hours of work; ▪ (g) leaves; ▪ (h) the provision of food and
accommodation, if applicable; ▪ (k) terms and conditions relating to the termination of
employment.
6) National laws and regulations shall require that migrant domestic workers who are
recruited in one country for domestic work in another receive a written job offer, or contract
of employment that is enforceable in the country in which the work is to be performed.
 7) Measures should be taken to ensure equal treatment between domestic workers and
workers generally in relation to normal hours of work, overtime compensation, periods of
daily and weekly rest and paid annual leave in accordance with national laws, regulations or
collective agreements, taking into account the special characteristics of domestic work.
8) domestic workers shall be paid directly in cash at regular intervals at least once a month.
Payment may be made by bank transfer, bank cheque, postal cheque, money order or other
lawful means of monetary payment only if it is provided by law or any regulation or in
collective agreement or with the consent of the worker concerned.
9) Each Member shall take appropriate measures, to ensure that domestic workers enjoy
conditions that are not less favourable than those applicable to workers generally in respect
of social security protection, including with respect to maternity.
10) Each Member state, in accordance with national laws and regulations, shall establish:
1. measures to ensure that all domestic workers have effective access to courts, tribunals or
other dispute resolution mechanisms.
2. effective and accessible complaint mechanisms;
3. measures for labour inspection, enforcement and penalties;

ILO CONVENTION 182

Convention No. 182 helped to focus the international spotlight on the urgency of action to eliminate
as a priority, the worst forms of child labour without losing the long term goal of the effective
elimination of all child labour. Convention No. 182 requires countries to take immediate, effective
and time-bound measures to eliminate the worst forms of child labour as a matter of urgency.
ILO Convention No. 182 is the first ILO Convention to achieve universal ratification. It was also the
most rapidly ratified Convention in the history of the ILO, with the majority of ratifications occurring
within the first 3 years after it was adopted in 1999.
1) Article 1 of the ILO Convention No. 182 obligates the ratifying states to take immediate and
effective measures to prohibit and eliminate the worst forms of child labour. The same is to
be done urgently.
2) Every person who is under the age of 18 years shall fall under the definition of child.
3) activities would come under the ambit/ amount to worst forms of child labour:
a) slavery: a very wide connotation to slavery and even includes practices similar to
slavery such as the sale and trafficking of children, debt bondage and serfdom and
forced or compulsory labour, including forced or compulsory recruitment of children
for use in armed conflict.
b) use, procuring or offering of a child for prostitution, for the production of pornography
or for pornographic performances.
c) use, procuring or offering of a child for illicit activities, in particular for the production
and trafficking of drugs as defined in the relevant international treaties.
d) work which, by its nature or the circumstances in which it is carried out, is likely to
harm the health, safety or morals of children.
4) every member state to establish or designate appropriate mechanisms to monitor the
implementation of the provisions giving effect to this Convention and design programmes
for the same.
5) It creates an obligation over the member states to prevent the engagement of children in
the worst forms of child labour and to provide the necessary and appropriate direct
assistance for the removal of children from the worst forms of child labour and for their
rehabilitation and social integration.
6) creation of a cohesive environment by obligating the members take appropriate steps to
assist one another in giving effect to the provisions of this Convention. The same is to be
done through enhanced international cooperation.
TRADE UNION
CONSITUTIONAL ASPECT
Article 19(1) (c) of the Constitution of India guarantees to all its citizens the right “to form
associations, or unions or Co- Operative Societies.” Under Article 19(4), however, the State may by
law impose reasonable restrictions on this right in the interest of public order or morality or the
sovereignty and integrity of India.
The right to make associations or unions are often stopped only in the interests of public order or
values there are often no association or union for an unethical or conspiratorial manner. Interpreting
the scope of the right the Supreme Court held in the case of State of Madras vs. V.G. Rao “The right
to make associations or unions has such wide and varied scope for its exercise and its curtailment
are fraught with such potential reactions. That the vesting of authority in the chief government to
impose restrictions on such right, without allowing the grounds of such imposition, both in their
factual and legal aspects, to be duly tested during a judicial inquiry, is a robust element which, in our
opinion, must be taken under consideration in judging the reasonableness of the restrictions
imposed on the exercise of the elemental right under Article 19 (1) (c).”
Grounds on which this freedom gets restricted:
1. Sovereignty and Integrity of India: To safeguard the sovereignty of the country the freedom to
form association can be restricted. This freedom will also be restricted if it causes any disturbance or
affects the oneness of the country.
2. Public Order: To maintain safety, public peace, order and tranquility of the country, the right to
form association can be restricted.
3. Morality: This freedom can be restricted if any of the individual’s activities involve indecency or
obscenity.
The right to form association includes the right to form companies, societies, partnerships, trade
union and political parties. The right guaranteed is not merely the right to form association but also
to continue with the association as such. The freedom to form association implies also the freedom
to form or not to form, to join or not to join, an association or union.
In Damayanti v. Union of India, The Supreme Court held that “The right to form an association”, the
Court said, “necessarily ‘implies that the person forming the association has also the right to still be
related to only those whom they voluntarily admit in the association. Any law by which members
are introduced in the voluntary association with none option being given to the members to stay
them out, or any law which takes away the membership of these who have voluntarily joined it, is
going to be a law violating the right to form an association”.
The restrictions on the right to form associations and unions imposed by law must be reasonable
and that they can only be imposed on the grounds specifically mentioned in clause (4) of Article 19,
in the interests of the sovereignty and integrity of India, or public order or morality on the exercise
of this right.
A restriction which does not fulfil these conditions are going to be considered as unreasonable by
the courts and can be declared illegal. It might be an unreasonable restriction to compel employees
to possess previous permission before becoming members of a specific union. Similarly, when a law
imposes a restriction on the union on the bottom that a union shall not be entitled to represent its
members in an industrial dispute unless the union is approved by the executive authority at his
absolute discretion, can’t be sustained.

TRADE UNIONS ACT

A trade union is an organized group of workers who strive to help the workers in the issues relating
to the fairness of pay, good working environment, hours of work and other benefits that they should
be entitled for their labour. They act as a link between the management and workers. In spite of
being newly originated institutions, they have turned into a powerful force because of their direct
influence on the social and economic lives of the workers. To control and manage the working of
these trade unions different legislations regulating the same required. In India Trade Unions Act of
1926 is a principal Act for controlling and managing the working of trade unions.
Registration of Trade Unions
Section 3: appointment of registrars
Section 3 of the Act empowers the appropriate government to appoint a person as the registrar of a
trade unions of each State. The appropriate government can also appoint as many additional and
deputy registrars in a trade union as it deems fit for carrying on the purposes of the Act. The
aforementioned actions must be taken in order to exercise and carry out the Registrar’s legal
obligations under this Act, including any specific powers and functions that the Registrar may, by
order, specify, as well as to specify the local boundaries within which any additional or deputy
Registrar may exercise and carry out those obligations.
Section 4: mode of registration
Section 4 of the Act provides for the mode of registration of the trade union. According to the
Section, any seven or more than seven members of a trade union may by application apply for the
registration of the trade union subject to the following two conditions:  At Least 7 members should
be employed in the establishment on the date of the making of the application.  At Least 10% or a
hundred members whichever is less, are employed in the establishment and should be a part of it on
the date of making the application.
Section 5: application of registration
According to Section 5 of the Act, every application for a trade union’s registration must be
presented in writing to the Registrar and include a copy of the union’s rules as well as a statement
of the information listed below:
1. Firstly, the members submitting must mention their names, occupations, and addresses;
2. Secondly, the name of the Trade Union and its headquarters’ address must also be included; and
3. Finally, the titles, names, ages, addresses, and occupations of the Trade Union’s office holders
must also be included.
Section 6: provisions to be contained in the rules of a trade union
Section 6 of the Act enlists the provisions which should be contained in the rules of trade union and
it provides that no trade union shall be recognized unless it has established an executive committee
in accordance with the provisions of the Act and its rules, specifies the following matters, namely:
 Name of the trade union;
 The object of the establishment of the trade union;
 Purposes for which the funds with the union shall be directed;
 A list specifying the members of the union shall be maintained. The list shall be inspected by office
bearers and members of the trade union;
 The inclusion of ordinary members who shall be the ones actually engaged or employed in an
industry with which the trade union is connected;
 The conditions which entitle the members to any benefit assured by the rules and also the
conditions under which any fine or forfeiture may be imposed on the members;
 The procedure by which the rules can be amended, varied or rescinded;
 The manner within which the members of the manager and also the alternative workplace bearers
of the labour union shall be elective and removed;
 The safe custody of the funds of the labour union, an annual audit, in such manner, as may be
prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books
by the workplace bearers and members of the labour union, and;
 The manner within which the labour union could also be dissolved.
The Supreme Court ruled in the case of M. T. Chandrasenan v. Sukumaran (1974) that a member
cannot be regarded as a trade union member if the subscription fee is not paid. However,
subscriptions cannot be rejected on the basis of a reason that prevents membership
Section 7: Power to call for further particulars and require alteration of the name
Section 7 of the Act confers upon the registrar the power to call for information in order to satisfy
himself that any application made by the trade union is in compliance with Sections 5 and 6 of the
Act. In matters where the discrepancy is found, the registrar reserves the right to reject the
application unless such information is provided by the union.
Section 8: registration
According to Section 8 of the Act, if the registrar has fully satisfied himself that a union has complied
with all the necessary provisions of the Act, he may register such a union by recording all its
particulars in a manner specified by the Act.
Section 9: certificate of registration
According to Section 9 of the Act, the registrar shall issue a registration certificate to any trade
union which has been registered under the provisions of Section 8 of the Act, and such a certificate
shall act as conclusive proof of the registration of the trade union.
Section 9A: minimum requirement related to the membership of a trade union
Section 9A of the Act lays down the minimum number of members required to be present in any
union which has been duly registered. This Section mandates that a trade union which has been
registered must at all times continue to have not less than 10% or one hundred of the workers,
whichever is less, subject to a minimum of seven, engaged or utilised in an institution or trade
with which it’s connected.
Section 10: cancellation of registration The registrar, according to Section 10 of the Act, has the
power to withdraw or cancel the registration certificate of any union in any of the following
conditions:
 On an application made by the trade union;
 If the registrar is satisfied with the fact that the trade union has obtained the certificate by means
of fraud or deceit;
 If the trade union has ceased to exist;
 If the trade union has wilfully and after submitting a notice to the Registrar, contravened any
provision of the Act or has been continuing with any rule which is in contravention with the
provisions of the Act;
 If any union has rescinded any rule provided under Section 6 of the Act.
Section 11: appeals
According to Section 11 of the Act, any union which is aggrieved by a refusal to register or a
withdrawal of registration made by the registrar can file an appeal:
 In any High Court, if the head office of the trade union is located in any of the presidency towns;
 In any labour court or industrial tribunal, if the trade union is located in such a place over which
the labour court or the industrial tribunal has jurisdiction;
 If the head office of the trade union is situated in any other location, an appeal can be filed in any
court which is not inferior to the Court of an additional or assistant has chosen a principal Civil Court
of original jurisdiction.

Rights and liabilities of registered trade unions( Section 15-28)

Sections 15 to 28 elucidate the rights which a registered trade union has and also the liabilities which
can be imposed against them.
 Section 15 of the Act lays down the activities on which a registered trade union can spend its
funds.
 Section 16: constitution of a separate fund for political purposes-It provides that a trade union, in
order to promote the civic and political interests of its members, can constitute a separate fund
from the contributions made separately for the said purposes. No member of the union can be
compelled to contribute to the fund.
 Section 17: criminal conspiracy in trade disputes of the Act states that no member of a trade union
can be held liable for criminal conspiracy mentioned under sub-section 2 of Section 120B of the
Indian Penal Code regarding any agreement made between the members of the union in order to
promote the lawful interests of the trade union.
 Section 18 of the Act immunises the members of trade unions from civil or tortious liabilities
arising out of any act done in furtherance or contemplation of any trade dispute
 Under Section 19 of the Trade Unions Act, 1926, any agreement between the members of a
registered trade union in restraint of trade activities is neither void nor voidable. However, such a
right is available only to registered trade unions, as unregistered trade unions have to follow the
general contract law.
 According to Section 20 of the Act, the account books and the list of the members of any
registered trade union can be subjected to inspection by the members of the trade union at such
times as may be provided under the rules of the trade union.
 Section 21 provides that a person who is above 15 years of age can be a member of any trade
union, and if he becomes a member, he can enjoy all the rights conferred upon the members of the
trade union, subject to the conditions laid down by the trade union of which he wants to be a
member.
 Section 23 states that any registered union is free to change its name provided it does so with the
consent of not less than 2/3rd of its members and subject to the fulfilment of the conditions laid
down in Section 25 of the Act.
 Section 24 lays down that two or more trade unions can join together and form one trade union
with or without dissolution or division of the fund. Such amalgamation can take place only when
voting by half of the members of each trade union has been effectuated and that sixty per cent of
the casted votes should be in favour of the proposal.
 Section 25 of the Act provides that: -A notice in writing of every change of name and of every
amalgamation which is duly signed by the Secretary and by seven members of the Trade Union
changing its name, and, in the case of an amalgamation, by the Secretary and by seven members of
each and every Trade Union which are a party thereto, should be sent to the Registrar.

Penalties and procedure

Section 31 to Section 33 of the Trade Union Act lays down the penalties and the procedure for their
application to a trade union which is subject to such a penalty.
Section 31: failure to submit returns
 If any trade union was required to send any notice, statement or any document to the registrar
under the Act and if the rule did not prescribe a particular person in the union to provide such
information then in case of default each member of the executive shall be imposed with the fine
extendible to five rupees. In case of continuing default, the fine may be extended to five rupees a
week.
 If any person willfully makes or causes to be made any false entry or omission in the general
statement required under Section 28 of the Act shall be punishable with a fine extendible to 500
rupees.
Section 32: supplying false information regarding trade unions
 Any person who in order to deceive a member of any trade union or any other person who
purports to be part of the trade union,
 Gives a copy of the document with the pretext of it containing the rules of a trade union.
 Which he knows or has reason to believe that it is not a correct copy of such rules and alteration
and,
 Any person with the like intent give a copy of any document purporting it to be a copy of the rules
of a registered trade union which in reality is an unregistered union,
 Shall be imposed with a fine which may extend to two hundred rupees.
Section 33: cognizance of offences
Section 33 contains the provisions with respect to the cognizance of offences. It says that no court
which is inferior to a presiding magistrate or a magistrate of the first class shall try an offence under
the Act. The courts can take cognizance of the offences under the Act only in the following cases:
 When the complaint has been made with the previous sanction of the registrar
 When a person has been accused under Section 32 of the Act, he shall be tried within six months
of the commission of the alleged offence.