5. Freedom to form associations
Article 19
Article 19(1) [ All citizens shall have
the right]-
(c) to form associations or
unions or co-operative
societies.*
* ‘or co-operative societies’
added in 2011 by 97th
Amendment Act.
Article 19(4)
Nothing in sub-clause (c) of the said clause shall
affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law
imposing, in the interests of the sovereignty and
integrity of India or public order or morality,
reasonable restrictions on the exercise of the right
conferred by the said sub-clause.
6. Here are 4 important court judgements which every worker or employee should be aware of:
Forming Labour Unions or Associations is a Fundamental Right but strike is not..
In All India Bank Employees’ Association v. National Industrial Tribunal , the Court specifically held that even
very liberal interpretation of sub-clause (c)of clause (1) of Article 19 cannot lead to the conclusion that trade
unions have a guaranteed right to an effective collective bargaining or to strike, either as part of collective
bargaining or otherwise. Thus, there is a guaranteed fundamental right to form association or Labour
unions but there is no fundamental right to go on strike. Under the Industrial Dispute Act, 1947 the ground
and conditions are laid down for the legal strike and if those provisions and conditions are not fulfilled then the
strike will be illegal.
No Right to Strike for Government Employees
In the case of T.K. Rangarajan v. Government of Tamil Nadu and Others (the Tamil Nadu Government
Employees Case), Justice M.B. Shah, speaking for a Bench of the Supreme Court consisting of himself and
Justice A.R. Lakshmanan, said, “the question of right to strike — whether fundamental, statutory or
equitable moral right to strike — in our view, no such right exists with the government employee.”
Right to Strike is not a Fundamental Right
In the case of Kameshwar Prasad v. State of Bihar where Rule 4A of the Bihar Government Servants’ Conduct
Rules, 1956, which prohibits ‘any form of demonstrations’ for the redress of the grievances of Government
servants was contented to be violative of the fundamental rights guaranteed to them under Art. 19(1) (a) and (b)
of the Constitution of India and should, therefore, be struck down by the petitioners. But the court observed that
‘The rule in so far as it prohibits a strike cannot be struck down since there is no fundamental right to resort to a
strike.”
9. Definition of Trade Union and Trade Dispute
Trade Unions Act, 1926,
CHAPTER I – PRELIMINARY
2. Definitions.
(g) "trade dispute" means
(h) "Trade Union" means
10. (g) "trade dispute" means
"trade dispute"
employers and
workmen
between workmen
and workmen
between
employers and
employers
and "workmen" means all persons employed
in trade or industry whether or not in the
employment of the employer with whom the
trade dispute arises; and
which is
connected
with the
employment
or non-
employment
or the terms of
employment
or the conditions
of labour, of any
person,
11. (h) "Trade Union" means
Trade Union
workmen and
employers
or between workmen
and workmen
or between
employers and
employers
or for imposing
restrictive conditions
on the conduct of any
trade or business
and includes any
federation of two or
more Trade Unions:
Provided that this Act
shall not affect -(i) any
agreement between
partners as to their
own business;
(ii) any agreement
between an employer
and those employed
by him as to such
employment; or
(iii) any agreement in
consideration of the
sale of the good-will
of a business or of
instruction in any
profession, trade or
handicraft.
means any
combination, whether
temporary or
permanent formed
primarily for the
purpose of regulating
the relations
between
17. The prevalence of LPG in India along with flexibility measure adopted by employers and
decline in jobs in organised sector are creating challenges to the Unions,
simultaneously providing opportunities to restructure the Union movement.
