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Politicization of trade unions in India- A critical study

LABOUR LAW

POLITIZATION OF TRADE UNIONS IN INDIA


- A CRITICAL STUDY

Submitted by:- Submitted to:-

R. Kokila Swarini, Ms. Preetham,

BA0140028 Asnt Prof. Labour Law

III yr, BA.LLB(hons)

A section

TABLE OF CONTENTS

CHAPTER-I
INTRODUCTION
..3

CHAPTER-
II
..5
DEFINITION OF TRADE
UNIONS...5
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Politicization of trade unions in India- A critical study

HISTORICAL BACKGROUND OF TRADE


UNIONS...6

CHAPTER-
III
.8
SIGNIFICANCE OF TRADE
UNIONS..8
ROLE OF TRADE
UNIONS
...9
FUNCTIONS OF TRADE
UNIONS..1
1

CHAPTER-
IV
..13
POLITICS AND TRADE
UNIONS.
13

CHAPTER-
V
18
CONCLUSION
18

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Politicization of trade unions in India- A critical study

I. INTRODUCTION:
Trade Unions have proliferated due to rapid economic development and development in
particular. The setting of industrial units involving wide spread use of machinery, changes in
working and living environment of workers, concentration of industries in large towns have
brought the workers together to maintain and improve their bargaining power and hence their
employment conditions1. A trade union or labour union is an organization of workers. Trade
Unions are group of workers or association of workers or organization formed together by labour
or workers or employees in order to voice up their demands and to achieve those for better
condition at the work atmosphere. The reason why trade unions have emerged initially is because
of the factory system and the capitalistic society. In embark of the industrialization the workers
did not have any kind of protection say a legal protection. The workers as they were under the
full control of the employers, felt exploited. These unions exist to deal with problems faced by
laborers, these problems may be of any nature such as those concerning the pay, unfair work
rules, timings and so on. All the workers working under one particular employer is represented
by the worker's union. This trade unionism is the most important or the core factor of industrial
relation.

By the very name industrial relation it clearly means the relation between the employers and
employees or workers in day-to-day functioning or running of an industry or whatsoever
business it is. So if there is any dispute between the employer and employee or if the employee
has any issue with the industry or the employer the trade unions are very useful to solve these
kind of issues. An individual worker will be too weak to voice up his issues and to protect his
interest but if the same is represented as a group then the same issue will be addressed in a better
way. This is the basic reason why trade unions came into existence. The object of these trade

1 Trade Unions In India, labourbureau (2010),


http://labourbureau.nic.in/Trade_Unions_In_India_2010.pdf (last visited Sep 15,
2016).

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Politicization of trade unions in India- A critical study

unions was to protect the employers or the workers from the exploitation and to improve the
conditions of employment.

A trade union sets up an organization to support the individual worker to strongly represent his
issue and to safeguard his interest, he himself in unable to do either for fear of dismissal or for
lack of knowledge. Trade Unions play an important role in the settlement of industrial disputes.
The trade unions of employees and employers bargain collectively in solving the grievances of
the industrial workers. The workers join these trade unions mainly to get economic security.
Each of them wants a proper and regular income which means a steady employment. The union
helps the worker from the exploitation of the employers and also it refrains the management to
take any action which is unfair, irrational or discriminatory to the workers interest.

The very famous trade unions in India are affiliated to certain political parties. All these political
parties are only keen on making each of grievances of the workers a political issue to attain
political gains. The result of this is a mere publicity but the issue remains unsolved. Political
parties have totally a different perspective, ideologies and objectives so when these parties work
with the trade unions objective it will be unfavourable to the interest of the workers. Trade
unions are formed to protect the interest of the workers but most of the trade unions have their
leaders from politics which makes the meaning of trade unions a question and politicization of
trade union is a challenge to the strong and stable trade unions in India.

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Politicization of trade unions in India- A critical study

CHAPTER-II

DEFINITION OF TRADE UNIONS:

The classic definition of trade union has been offered by Sydney and Beatrice Webbs A trade
union is a continuous association of wage-earners for the purpose of maintaining or improving
the conditions of their working lives. This definition simply means that the trade unions are
formed in order to protect the interest of the wage earners who are the employees or the workers
of the particular industry.

According to Cole (1955) A Trade Union means an association of workers in one or more
professions carried on mainly for the purpose of protecting and advancing the members
economic interest in connection with their daily work. This definition is similar to the definition
given by Sydney and Beatrice Webb. It also says that workers together form an organization and
this can be called as Trade Union. And these trade unions are formed in order to protect the
interest of the workers and provide them with a good workspace.

Trade Union means any combination, whether temporary or permanent, formed primarily for the
purpose of regulating the relations between 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 2.
Under the Indian Trade Unions Act, 1926 the expression Trade Union includes both
employers and workers organizations. The workers union or association as well as employers
union have to be registered their union under the Indian Trade Unions Act, 1926. In the case of
Tamil Nadu NGO Union vs Registrar, Trade Unions3, it was held that Tamil Nadu NGO Union,
which was an association of sub magistrates of the judiciary, tahsildars, etc., was not a trade

2 Sec.2(h), Trade Unions Act, 1926.

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union because these people were engaged in sovereign and regal functions of the State where
were its inalienable functions.

HISTORICAL BACKGROUND OF TRADE UNIONS

The development of modern industry can be traced back to the 18 th century especially when it
comes to the Western countries. In India the trade union movement had begun very late because
of slow progress of industrialization, the problems arising out of illiteracy and poverty of the
workers, their migratory habits and predominantly all the workers depending on agriculture only.
The process of industrialization commenced in India much later than that in Europe and
America. It was not before the 1920s that industrialization could make considerable progress in
India. The trade union movement, therefore, can be said that it is of recent origin of
industrialization. The germs of trade unionism could be traced in the early days of
industrialization at the beginning of 1850s with the establishment of Cotton and Jute Mills in
Bombay and Calcutta in 18514. Madras Labour Union was the first organized trade union in
India which was formed in the year 1918. Eventually umpteen numbers of trade union sprang up
in most of the industrial centres in the country. There was a separate legislation for the trade
unions. There was trade union movement which was marked to be the most important phase of
industrialization. This trade union movement can be divided into three different phases.

FIRST PHASE (1850 TO 1900)

It is the phase wherein the foundation fpr the establishment of trade unions was laid. During this
period where the growth of Indian Capitalistic enterprise grew, the condition of working and
living of the labours were very poor and also the working hours were too long. The capitalists
concern was only about the productivity and profitability and nothing else. Even though the
workers worked for a very long time they dint get proper wages for the same, it was too low for

3 AIR 1962, Madras HC

4 V.B. Singh (Edited): The Trade Union Movement Economic History of India 1875 1956 (1965)
P 563.S

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the work they do. In order to regulate all these, the Indian Factories Act was enacted in 1881. As
a result of which child labour was prohibited. Mr. N M Lokhande, prepared a study report on the
working conditions of the people like Rickshawalas, etc. to the Factory Labour Commission
because of which the Indian Factories Act,1881 was amended in the year 1891. In this phase the
growth of trade unions were very slow and many strikes had taken place as a result the workers
realized the power of unity because of which small associations like Bombay Mill Association
popped up.

SECOND PHASE (1900-1947)

This is the phase were the Indian Trade Union movement came up which falls between 1900 and
1947. This phase was witnessed by the growth and development of organized trade unions and
the political movement of working class. The emergence of militant trade unionism was also
witnessed in this phase. The first world war which happened between 1914 and 1918 and also the
Russian revolution gave the Indian Trade Union Movement a new dimension and organized
efforts on part of the workers to form trade unions. In 1918 B P Wadia organized a trade union
movement with the Textile mills in Madras. He served strike notice to them and workers
appealed to Madras High Court because under Common Law, strike is said to be a breach of law.
In 1919, Mahatma Gandhi suggested to let individual struggle be a Mass movement so as to
achieve the objectives in a better way. In the year 1920, the very First National Trade union
organization (The All India Trade Union Congress (AITUC)) was established. Many of the
leaders of this organization were leaders from the national Movement. The Trade Unions Act was
passed by the Indian government in the year 1926 with the efforts of Mr. N N Joshi that became
operative from 1927. This act gave legal status to the registered trade unions5.

THIRD PHASE (1947)

The third phase commenced with the emergence of independent India which was in the year
1947 and the government sought the cooperation of the trade unions for the planned economic
development. Even the labour movement was politicized along the lines of the political parties.

5 See: Aditya Kulkarn, Evolution Trade Unions India Scribd (2016),


https://www.scribd.com/doc/19779459/Evolution-Trade-Unions-India (last visited Sep 20, 2016).

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For example, the Indian National Trade Union Congress (INTUC) was affiliated by the Congress
party. The All India Trade Union Congress was the arm of the Communist party of India.6

CHAPTER-III

SIGNIFICANCE OF TRADE UNIONS

Trade unions do a very significant work and have supplied a long felt need and filled an
important gap. A strong trade union is a guarantee for industrial peace and makes for stability of
industry. Any decision agreed upon collectively by workers is bound to command obedience of
and respect among the general body of workers and employers also cannot afford to treat such
decisions in a light manner. They not only bring about improvement in the conditions of work,
employment and wages of workers but also lead to great efficiency among workers and create a
feeling of self-respect and confidence among them7. They do useful work for labourers during
the period of sickness and accident benefits and support them during unemployment or during
strike and lockouts. They also arrange the legal assistance to workers, if necessary, besides, they
undertake many welfare measures for their members, e.g. running schools for the education of
children or having their own library or reading rooms, or providing many in-door and outdoor
games and other recreational facilities. Some trade unions go so far as to undertake housing

6 Id.

7See: Importance of Trade Unions - Assignment Point, Assignment Point (2013),


http://www.assignmentpoint.com/business/importance-of-trade-unions.html (last
visited Sep 17, 2016).

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schemes for their workers and undertake publication of some magazines or journals 8. Trade
unions are important to the workers for many reasons9. Few of them are10,

1. Trade Unions are workers tool for collective bargaining. Industries with trade unions always
have higher wage structures. Trade Unions negotiate with employers for better terms and
conditions of employment and for healthy workplace standards.

2. Trade Unions strengthen workers demand for better labour and industrial legislation. The
ability of unions to represent workers and their families stand as an asset, for which political
parties try to woo them by offering better deals in terms of pro-labour legislation. Better medical
facilities, welfare schemes, annual leave, insurance and other benefits are the results.

3. Trade unions can ensure more job security for its members than non-unionized, unorganized
workers.

4. Unions provide legal support to workers when they face police action and legal tangles.

5. Factories with union activity are safer when it comes to chance for industrial accidents.
Unions pressurize employers to ensure better safety standards and use their influence with law
enforcement agencies to assure better safety measures at workplace.

6. Trade unions protect workers against physical and mental torture and exploitation of superiors
at workplace.

7. Workers individual rights and liberties are better protected by trade unions. It protects women
employees against sexual harassment.

8 See: ROLE OF TRADE UNIONS & MANAGEMENT ASSOCIATIONS AND THEIR


PRESENT TREND IN INDIA, shodhganga (2016),
http://shodhganga.inflibnet.ac.in/bitstream/10603/41250/6/06_chapter%202.pdf
(last visited Sep 16, 2016).

9 See: The importance of trade unions | Law Teacher, Lawteacher.net (2016),


http://www.lawteacher.net/free-law-essays/employment-law/the-importance-of-
trade-unions-law-essay.php (last visited Sep 17, 2016).

10 Id.

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8. Trade Unions in advanced countries often provide educational support and training for skill
up-gradation.

9. Trade unions can negotiate with management for mutual give and take in matters of increased
productivity. When there is higher demand of production trade unions can negotiate better
remuneration, so that both workers and managements benefited.

10. Since trade unions protect their interests, workers can remain motivated and their economic,
social, political well beings are taken care of.

ROLE OF TRADE UNIONS

The trade unions have many roles to perform. These can be broadly classified into four
categories11.

1. Role towards the trade union member.


2. Role towards the industrial organization.
3. Role towards the Trade union organisation.
4. Role towards the society.

1. Role towards the trade union member:

11 See: Jadhav, Presentation on roles of trade union Slideshare.net (2013),


http://www.slideshare.net/sushantjadhav794/presentation-on-roles-of-trade-union
(last visited Sep 13, 2016).

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The trade union has to safeguard the workers condition12. The trade union should also guarantee
a fair deal and social justice to workers and it also should make the workers aware about their
rights and duties, settle the disputes through negotiation13.

2. Role towards the industrial organization:

The trade unions must help to promote interest. They should help in maintenance of discipline.
The trade unions must create opportunities for workers participation in management and to
facilitate communication with management14. It should also help in maintain harmonic
relationship between workers and management.

3.Role towards the Trade union organisation:

Trade unions must help in improving the financial position and to improve workers network of
commercial between union & its members. It should maintain strengthen, necessary records,
resolve the problems. It should manage the Trade union organisation on scientific lines. The
trade unions must also train members to assume leadership position15.

FUNCTIONS OF TRADE UNIONS

12 See: The Role of Trade Unions in Industrial Relations, Smallbusiness.chron.com


(2016), http://smallbusiness.chron.com/role-trade-unions-industrial-relations-
65197.html (last visited Sep 17, 2016); see also: Jadhav, Presentation on roles of
trade union Slideshare.net (2013),
http://www.slideshare.net/sushantjadhav794/presentation-on-roles-of-trade-union
(last visited Sep 13, 2016).

13 Id.

14 Supra, note 12.

15 Supra, note 12.

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As per the Indian Trade Unions Act, the primary function of a trade union is to protect the rights
of the workers or the employees and to settle the dispute between the workers and the employers.
Apart from this the functions of the trade unions are divided into two categories

Militant or protective or intra-mutual functions:

These functions include protecting the workers interest, i.e., hike in wages, providing more
benefits, job security, etc., through collective bargaining and direct action such as strikes,
gheraos, etc16. The militant functions of trade unions can be summed up as to achieve higher
wages and better working conditions, to raise the status of workers as a part of industry, to
protect labours against victimization and injustice17.

Fraternal or extra-mural functions:

These functions includes providing financial and non-financial assistance to workers during the
period of strikes and lock outs, extension of medical facilities during sickness and causalities,
provision of education, recreation, recreational and housing facilities, provision of social and
religious benefits, etc18. They take up welfare measures for improving the morale of workers and
generate self confidence among them. They also arrange for legal assistance to its members, if
necessary. The fraternal functions of trade unions can be summed up as to take up welfare
measures for improving the morale of workers, to generate self confidence among workers, to
encourage sincerity and discipline among workers, to provide opportunities for promotion and
growth and to protect women workers against discrimination19.

16 See: Objective of Trade Union, Scribd (2016),


https://www.scribd.com/doc/20593738/Objective-of-Trade-Union (last visited Sep 17,
2016).

17 See: Functions of Trade Unions - what is human resource ?,


Whatishumanresource.com (2016),
http://www.whatishumanresource.com/functions-of-trade-unions (last visited Sep 15,
2016).

18 Supra, note 16.

19 Supra, note 17.

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Other than the above two functions there are many more functions of a trade unions. Two such
functions are the social and the political functions20. Political functions: These functions include
affiliating the union to a political party, helping the political party in enrolling members,
collecting donations, seeking the help of political parties during the periods of strikes and
lockouts. Social functions: These functions include carrying out social service activities,
discharging social responsibilities through various sections of the society, like education the
customers21.

20 See: Trade Unions: Meaning, Functions and Consequences of Trade Union Action,
Economics Discussion (2014), http://www.economicsdiscussion.net/trade-
unions/trade-unions-meaning-functions-and-consequences-of-trade-union-
action/1765 (last visited Sep 17, 2016).

21 See: Objective of Trade Union, Scribd (2016),


https://www.scribd.com/doc/20593738/Objective-of-Trade-Union (last visited Sep 17,
2016); see also: Functions of Trade Unions - what is human resource ?,
Whatishumanresource.com (2016),
http://www.whatishumanresource.com/functions-of-trade-unions (last visited Sep 15,
2016)

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CHAPTER-IV

POLITICS AND TRADE UNIONS

In a country where everything is grist to the politician's mill, it is not surprising that trade unions
are also one such22. Currently in India most of the trade unions are politically affiliated except
that of a few. It got its political colour with the Lala lajpatRaj working as a president in All India
Trade Union Congress (AITUC). In this context Mynor Weiner, said that militants used trade
unions to fight against the British. But the truth is national movement gave way to workers their
grievance redressed. The father of trade unions T.M.Joshi, said that trade unions or worker
groups can lobby with legislative councils to get legislations in their favour.

Most of the trade unions are headed by politicians who have very little to no experience or
knowledge about the union which they manage. When these politician head up a union it will
create hindrances between the lower end workers and the upper end management or say the
employers. This will change the meaning of trade unions 23. Leadership of a union must only arise
among the workers. If the person who heads the train union is within the members of the trade
union or is an expertise in the same field it would be advantageous for the union as well as the
employees. While on the other side, leaders outside the work place and who are attached to
political parties will be a hurdle for the progressive relation between the employers and
employees.24

V. V. Giri, the veteran labour leader, thus argues,

22 See: Political Parties and Trade Unions, shodhganga (2016),


http://shodhganga.inflibnet.ac.in/bitstream/10603/55578/10/10_chapter%203.pdf
(last visited Sep 17, 2016).

23 See: Andrew J Taylor, Trade Unions and Politics: A Comparative Introduction


Reading.ac.uk (2016),
http://www.reading.ac.uk/RevSoc/archive/volume9/number1/9-1n.htm (last visited
Sep 18, 2016).

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"It is time that workers realize that party politics are completely out of place in trade unions, that
they should not play the role of pawns in the game of party politics, and that their organisations
are concerned first and last with their interest and welfare. Trade union leaders and party leaders
should also take active steps to ensure that workers are weaned away from disruptive political
leanings, so that genuine trade unionism may grow in the country25

Many powerful political parties established their own trade unions in order to spread their
political power. This makes the growth of trade unions in an inadequate and unhealthy way.
There are many trade unions that have developed inter-union rivalries and groups that are
inconstant competition against each other. The energy of the members of the union has been
wasted on deconstructive activities, and not for the cause of the union and unions has become
more political. This kind of situation will really affect the cordial industrial relations 26. Political
parties weakened the trade unionism by propping up their own trade unions27.

24 See: Manoj P K, Politicization of trade unions and challenges to industrial relations in India: A study
with focus on northern Kerala, Feb 10,2014, ISSN No. 2347 856X,
https://www.researchgate.net/publication/260096448_politicization_of_trade_unions_and_challenges_to_
industrial_relations_in_india_a_study_with_a_focus_on_northern_kerala ; see also: Brajesh Kumar
Parashar, workers perspective: basis of selection and joining trade union, international journal of
business and management invention, may 2016, pp.33-41.

25 See :Ramaswamy E.A., Trade unions and politics jstor (2016),


http://www.jstor.org/stable/pdf/23618446.pdf (last visited Sep 20, 2016).

26 Id.

27 See: ROLE OF TRADE UNIONS & MANAGEMENT ASSOCIATIONS AND THEIR


PRESENT TREND IN INDIA, shodhganga (2016),
http://shodhganga.inflibnet.ac.in/bitstream/10603/41250/6/06_chapter%202.pdf
(last visited Sep 16, 2016); see also: Manoj P K, Politicization of trade unions and
challenges to industrial relations in India: A study with focus on northern Kerala, Feb
10,2014, ISSN No. 2347 856X,
https://www.researchgate.net/publication/260096448_politicization_of_trade_unions
_and_challenges_to_industrial_relations_in_india_a_study_with_a_focus_on_northern_
kerala

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For instance, the Coimbatore District Textile Workers' Union (T.W.U.), that has been closely
associated with the Praja Socialist Party (P.S.P.) ever since the Party was established in 1948. The
association between both the party and the union is too that the ordinary workers at times tend to
treat the Party and the Union in an identical way. The T.W.U often refers themselves as
Socialists. The Secretary of the T.W.U. himself remarked in a conference that, "The Party is the
Union and the Union is the Party. There is no difference between the two." In the Union
meetings, are usually used for the party propaganda. All the leaders of the T.W.U., except that of
the President, were the members of the P.S.P. The Secretary of the Union was President of the
Tamilnadu branch of the same Party. Many other leaders held an important position in the union
at the district level. This political partys membership also spread to the District Committee,
which was the most important part of the T.W.U. As most of the leaders were from the party, the
emphasis was given to the political issues rather than the day-to-day problems of the workers.
Even if more emphasis was given to the day-to-day issues of the workers it was seen by the
leaders of the union who are also a part of the party with a political view. All these were popped-
up when there was any crisis. There is little need to further labour the point that there was
widespread opposition to the Secretary who was a leader in the party, among the members of the
T.W.U. and that he was expelled from the Union primarily because of his political views. A
member from the trade union who is an employee of the mill said that We have a union only
because there are industrial disputes. If the employers stop creating petty troubles, the workers
will not bother about the union. And it is the Party sympathisers who take up Union offices at
the branch. Being a branch leader involves spending time in the Union office before and after
work, meeting the employers, absenting from work to attend Union meetings and do Union
work, being answerable to the workers for the Union's actions, being in the forefront of strikes
and picketing and risking suspension or dismissal, and a host of other commitments. Although it
is prestigious to be a branch leader, workers without political allegiance are generally unwilling
to shoulder these responsibilities28. If those people take up these kind of responsibility it would
be helpful to shoot up our issues in a better way or even if the leaders of these union who belong
to the party do a fair work and concentrate on the issues of the employees rather than that of the
political issues, the relationship between the employers and employees would be smooth and also

28 Supra, note 25.

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the trade unions can be developed. Further the unions affiliation with the party has become very
strong and they have come to a point where, to say that a union's stability and bargaining power
are directly correlated to the extent of affiliation among its members to the party which it
supports. It follows that the most effective way to strengthen a union is to foster among its
members a belief in the ideology of the party. It may be argued that this would further deteriorate
the relation between the trade unions29.

LIST OF TRADE UNIONS

The following is a list of national-level CTUOs as recognised by the Ministry of Labour,


Government of India. The list is for the reference year 2002 whose verification was completed in
200830.

1. All India Central Council of Trade Unions (Communist Party of India (Marxist-Leninist)
Liberation)
2. All India Trade Union Congress (Communist Party of India)
3. All India United Trade Union Centre (Socialist Unity Centre of India (Communist))
4. Bharatiya Mazdoor Sangh (Rashtriya Swayamsevak Sangh, indirectly Bharatiya Janata
Party)
5. Centre of Indian Trade Unions (Communist Party of India (Marxist))
6. Hind Mazdoor Sabha (not politically affiliated)
7. Indian National Trade Union Congress (Indian National Congress)
8. Labour Progressive Federation (Dravida Munnetra Kazhagam)
9. National Front of Indian Trade Unions (not politically affiliated )
10. Self Employed Women's Association (Not politically affiliated)
11. Trade Union Coordination Committee (All India Forward Bloc)
12. United Trade Union Congress (Revolutionary Socialist Party)

From the above list it is very clear that in India most of the trade unions are politically affiliated.
Only a very few is not influenced by political parties. Many trade unions are benefitted because
of this and some have more disadvantages than advantages because of the political influence in a
trade union.

29 Supra, note 8.

30 Office Of The Labour Commissioner, Delhi.gov.in (2016),


http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Trade+Union/Lis
t+of+Registered+Trade+Union (last visited Sep 17, 2016).

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CHAPTER-V

CONCLUSION

A prerequisite to industrial peace is when there exists a strong and recognized trade union. Trade
union plays a very important role and is helpful in better communication between the employers
and the employees. Only if a trade union is strong it can protect and protest the interests of
workers at different forums by effective and dynamic leadership. The basic strength of a trade
union is its members. The political background and ideology from which an individual employee
belongs have plays an important role while accepting membership of a particular union.
Politicization may either be an advantage or a disadvantage to the union but the leadership of the
unions should be in the hands of the workers. Only when the employers lead the trade union,
when they represent their issues to the employers it will be effective whereas if it is led by a
person who is outside the industry they will not have the actual knowledge about the issue and
also the suffering that has been faced by the employees. In India most of the trade unions are
politically affiliated only a very few are not politically affiliated. Though the foremost reason for
political parties coming into trade unions are for funds, the basic functions of a trade unions are
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not done properly. Rather than concentrating on the issues of the workers it concentrates more on
the political issues. It can be said the trade unions are used by the political parties for their
benefit. But if this is proper, politicization of trade union will only be proper. Trade unions
should first concentrate on the issues of the employees. The leader of the trade union should be a
worker or a employee who is working in that particular industry or factory in order to represent
the issue of the other workers properly. If these basic steps are followed politicisation will be
advantageous for the trade unions and it will also pave way for the growth of trade unions.

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