DR. B. R.

AMBEDKAR NATIONAL LAW UNIVERSITY,

A Study On

The Tenth Five-Year Plan

SUBMITTED TO: SUBMITTED BY:

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 Acknowledgement

I would like to express my deep gratitude to all the people who inspired me to do this project. I would also like
to thank my professor for Labour Law, Mrs. Renu Sharma who gave me the opportunity to research on the
subject matter of the project and learn about it. I am also thankful to my batch mates and my family who
motivated me and helped this project become a success. I would also like to extend my token of gratitude to my
university, Dr. B. R. Ambedkar National Law University for providing me with the necessary resources
required to complete this project. I hope that the knowledge gained by me while doing this project will be
helpful for me in doing future projects and research work.

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 Table of Contents

Acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

History of Economic Planning in India . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Objective of the 10th Five Year Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Policy Approach. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Achievements of 10th Five Year Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

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 Introduction

Trade unions developed as a result of industrialization. The tenet that "divided we fall, united we stand" forms
its foundation. In general, it describes a group of workers who are working towards a set of shared objectives.
The industrial revolution has altered the traditional view of the labor-management relationship. Because of a
number of social and economic ills, workers had to come up with other ways to interact with their bosses, which
led them to create trade unions.
A trade union is an organisation made up of members (a membership-based organisation) and its membership
must be made up mainly of workers. One of a trade union's main aims is to protect and advance the interests of
its members in the workplace. Most trade unions are independent of any employer. However, trade unions try to
develop close working relationships with employers. A union may seek to organise all employees in a certain
industry, a specific segment of skilled or unskilled workers, or a cross-section of workers from different crafts.
The employer, rank-and-file members, and, in some situations, even non-member employees are all bound by
the agreements that a union negotiates.
Trade unions are legally obligated to their negotiations and operations, and they often have a constitution
outlining the governance of their bargaining unit as well as governance at different levels of government based
on the industry. This can sometimes take the form of a partnership agreement between the employer and the
trade union which identifies their common interests and objectives.

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 2. Registration of Trade Unions
Chapter II of the Trade Unions Act, 1929 covers the provisions and procedures for registering trade unions;
Chapter III of the Industrial Relations Code, 2020 covers the same topics. The Trade Unions Act of 1929 and
the Industrial Relation Code of 2020 have identical laws and processes.

Section 5 of the Industrial Relations Code, 2020 provides for the appointment of a trade union registrar. The
section empowers the competent government to designate a qualified individual as Registrar of Trade Unions to
register trade unions and monitor their operations. The competent government may additionally designate
Additional Registrars of Trade Unions, Joint Registrars of Trade Unions, and Deputy Registrars of Trade
Unions to carry out the Registrar's tasks under the Registrar's supervision and control. The Registrar's duties and
functions are outlined in the Act.

Any seven or more members of a Trade Union may apply for registration of the Trade Union by submitting
their names to the Trade Union's regulations and otherwise complying with the provisions of this Act for
registration. No worker's trade union shall be registered unless at least 10% of the workers employed or engaged
in the industrial establishment or industry with which it is linked, or one hundred workers, whichever is less, are
members of such Trade Union on the date of application for registration. At all times, a registered trade union of
workers must have as members not less than 10% of the workers or one hundred workers, whichever is fewer,
subject to a minimum of seven, employed or engaged in such an industrial establishment or industry with which
it is associated.

It must also be noted that an application for registration of a Trade Union made under section 6 (1) of the
Industrial Relations Code, 2020, must not be declared invalid merely because some of the applicants, but not
more than half of the total number of persons who applied, have ceased to be members of the Trade Union or
have given notice, at any time after time of application but before the registration of the Trade Union.

In Tirumala Tirupati Devasthanam[2], the supreme court held that any group of employees of an industry
establishment can be registered as a Trade Union under the Trade Unions Act, 1929, to regulate the relationship
between them and their employers, or between employees themselves, or between employers of the industry
establishment.

According to section 9(1) of the Industrial Relations Code, 2020 when the Registrar is satisfied that the Trade
Union has complied with all of the conditions of this Chapter about registration, he or she shall register the
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Trade Union by entering the particulars relating to the Trade Union included in the statement accompanying the
application for registration in a register to be maintained in such form as may be required. When the Registrar
issues an order for the registration of a Trade Union, he shall issue to the applicant Trade Union a certificate of
registration in such form as may be required, as per section 9(2) of Industrial Relations Code, 2020 which shall
be conclusive evidence that the Trade Union has been registered under this Code. If a Trade Union has been
granted a certificate of registration, the Registrar must record the Trade Union's name and other information in a
register kept for that purpose in the form provided.

In IFFCO, Phulpur Karmachari Sangh v. Registrar of Trade Unions[4], it was held that the certificate of
registration remains valid until the registration is terminated.

In Telco Workers' Case[5], the high court held that there is no provision in the Trade Unions Act, 1926 that
gives the Registrar of Trade Unions the authority to handle the intense dispute between the parties. The
Registrar has no authority under the Act to hear private members of Trade Unions' grievances; nonetheless, a
complaint may serve as a source of information for the Registrar in forming an opinion for issuing a show-cause
notice under Section 9 of the Act.

2.1 Cancellation of Registration

The Registrar may withdraw or cancel a Trade Union's certificate of registration as per section 9(5) of the
Industrial Relations Code, 2020. The Registrar shall cancel a Trade Union's registration certificate where a
Tribunal has ordered the cancellation of such Trade Union's registration. When cancelling a Trade Union's
certificate of registration, the Registrar must record the reasons for doing so and notify the Trade Union in
writing.

According to section 10 of the Industrial Relations Code, 2020 any person who is dissatisfied with the
Registrar's rejection to grant registration to a trade union or the cancellation of a certificate of registration may
file an appeal with the Tribunal within the time limit allowed. If the appellant satisfies the Tribunal that the
delay was caused by a sufficient reason or unavoidable circumstances, the Tribunal may entertain the appeal
after the limitation set for preferring the appeal under this subsection.After hearing the parties, the Tribunal may
dismiss the appeal or make an order instructing the Registrar to register the trade union and issue a certificate of
registration, or set aside the order of revocation of the certificate of registration. The Tribunal must send a copy
of the order to the Registrar.

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 3. Registrar of Trade Union: Powers and Duties
Section 5 of the Industrial Relations Code, 2020 provides for the appointment of a trade union registrar. The
section empowers the competent government to designate a qualified individual as Registrar of Trade Unions to
register trade unions and monitor their operations. The competent government may additionally designate
Additional Registrars of Trade Unions, Joint Registrars of Trade Unions, and Deputy Registrars of Trade
Unions to carry out the Registrar's tasks under the Registrar's supervision and control. The Registrar's duties and
functions are outlined in the Act.

(1) Power to Decline the Registration: The Registrar has the authority to reject the registration of a
Trade Union under certain circumstances. If it comes to the Registrar’s attention that the name
proposed for registration is either identical or closely resembles that of an existing Trade Union, or if
the Registrar believes that it may cause confusion or deceive the public or the Trade Unions
involved, registration may be refused. In such cases, the Registrar may instruct the applicant to
choose a different name before considering the registration. Additionally, the Registrar has the
power to request further information and documents if there are concerns that the Trade Union is not
adhering to the provisions of the Act.

In the case of A.C.C. Rajanka Lime Stone Quarries’ Mazdoor Union v. Registrar of Trade Unions,
Govt. of Bihar, the High Court of Bihar ruled that despite the application for registration being
submitted on July 31, 1957, no action was taken by the Registrar under Section 7 to request
additional documents and information. The Registrar’s failure to fulfil the statutory duty imposed
upon him under Section 8 of the Act was noted.

(2) Power to Revoke or Withdraw Registration: Section 10 of the Trade Union Act, 1926, grants the
Registrar the authority to revoke or withdraw the registration of Trade Unions through various
means:

 When Trade Unions submit an application for verification following the prescribed procedures outlined
in the Act.

 When the Registrar becomes aware and is convinced that the registration was obtained through fraud or
error.
 When the Trade Union ceases its operations.

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  When, even after receiving notice from the Registrar, Trade Unions persist in willfully disobeying or
violating any provisions of the Act or enforce rules conflicting with the Act’s provisions.
 When the Trade Union revokes any rule mandated under section 6 of the Act.
 When the Registrar is satisfied that a Trade Union does not meet the minimum required number of
workers, leading to the possibility of registration cancellation.

(3) Power of Dissolution: Section 27 of the Trade Union Act, 1926, mandates the Registrar to officially
register the dissolution of a Trade Union upon receiving formal notice from the Trade Union itself.
This notice must be endorsed by the Trade Union’s Secretary and seven members of the Trade
Union and it should reach the Registrar within 14 days of the dissolution.

(4) Power to Examine Audited Statements: Section 28 grants the Registrar the authority to receive
annual audited statements that detail all receipts, expenditures, assets and liabilities of registered
Trade Unions. These statements should cover the year ending on or before December 31 and be
submitted in the prescribed manner.

3.1 Duties of Registrar

(1) Duty to Register Trade Unions: Section 28 grants the Registrar the authority to receive annual audited
statements that detail all receipts, expenditures, assets and liabilities of registered Trade Unions. These
statements should cover the year ending on or before December 31 and be submitted in the prescribed manner.

(2) Duty to Provide Certificate of Registration: Section 9 of the Trade Union Act, 1926, places a duty upon the
Registrar to issue a certificate of registration for Trade Unions that have been registered under section 8 of the
Trade Union Act, 1926, using a format prescribed within the Act. This certificate of registration serves as
conclusive proof of the formal registration of the Trade Union under this Act.

The principal responsibility of the Registrar is to review applications submitted to him for the registration of a
Trade Union. The authority to grant registration and issue a certificate of registration lies with the Registrar, but
only when the Trade Union adheres to the provisions

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 4. Recognition of Negotiating Union

The Industrial Relations Code, 2020 provides for recognition of trade unions as negotiating unions. Collective
bargaining is an important aspect of employer-employee relation. The right of collective bargaining is not
provided for all trade unions that exists but is provided for those trade unions which are recognized.

It provides that there shall be a negotiating union or a negotiating council, as the case may be, in an industrial
establishment having registered Trade Union for negotiating with the employer of the industrial establishment,
on such matters as may be prescribed.

(2) Where only one Trade Union of workers registered under the provisions of this Chapter is functioning in an
industrial establishment, then, the employer of such industrial establishment shall, subject to such criteria as
may be prescribed, recognise such Trade Union as sole negotiating union of the workers.

(3) If more than one Trade Union of workers registered under this Code are functioning in an industrial
establishment, then, the Trade Union having fifty-one per cent. or more workers on the muster roll of that
industrial establishment, verified in such manner as may be prescribed, supporting that Trade Union shall be
recognised by the employer of the industrial establishment, as the sole negotiating union of the workers.

(4) If more than one Trade Union of workers registered under this Code are functioning in an industrial
establishment, and no such Trade Union has fifty-one per cent. or more of workers on the muster roll of that
industrial establishment, verified in such manner as may be prescribed, supporting that Trade union, then, there
shall be constituted by the employer of the industrial establishment, a negotiating council for negotiation on the
matters referred to in sub-section (1), consisting of the representatives of such registered Trade Unions which
have the support of not less than twenty per cent. of the total workers on the muster roll of that industrial
establishment so verified and such representation shall be of one representative for each twenty per cent. and for
the remainder after calculating the membership on each twenty per cent.

(5) Where any negotiation on the matters referred to in sub-section (1) is held between an employer and a
negotiating council constituted under sub-section (4), consequent upon such negotiation, any agreement is said
to be reached, if it is agreed by the majority of the representatives of the Trade Unions in such negotiating
council.

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(6) Any recognition made under sub-section (2) or sub-section (3) or the negotiating council constituted under
sub-section (4) shall be valid for three years from the date of recognition or constitution or such further period
not exceeding five years, in total, as may be mutually decided by the employer and the Trade Union, as the case
may be.

(7) The facilities to be provided by industrial establishment to a negotiating union or negotiating council shall
be such as may be prescribed.

The primary distinction between registering a union and having it recognised is that the former is done through
the registration process, whereas the latter is carried out by the management acting as the collective bargaining
council in the case of multiple councils or the collective bargaining agent in the case of one union. The Trade
Unions Act does not require either. Once acknowledged, trade unions are granted specific privileges;
nevertheless, recognition of a trade union does not automatically confer recognition upon it; rather, recognition
of any such union is at the management's decision.

It has become essential in India to create a system wherein a trade union is officially recognized by the
employer, even if no particular right is provided to any union with regard to the right to be recognized. When a
company recognizes a certain trade union as having a representative character, they become open to talking
with the union about the interests of their employees. This process is known as recognition. The stability of
industrial relations and the success of collective bargaining depend on this process. However, there are certain
built-in advantages to becoming a registered labour union.

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 5. Office Bearers
Office-bearers play a critical role in the functioning of a trade union. They are responsible for managing the
day-to-day affairs of the union, representing the interests of union members, negotiating with employers on
behalf of the members, and ensuring that the union operates in compliance with the law.

In order to be appointed as office holders or members of the executive of a registered trade union, a person must
meet both of the following requirements:

(1) He must be at least 18 years old; and

(2) He must not have been convicted of a crime involving moral turpitude and sentenced to prison,
unless five years have passed since their release.

At the same time, it is important to ensure that office-bearers are held accountable for their actions and that they
do not misuse their position for personal gain or to further their own interests. This is where disqualification of
office-bearers under Section 21A of the Trade Union Act comes into play. Section 21A of the Act lists the
disqualifications of office-bearers of trade unions. This provision aims to maintain the integrity and
accountability of trade unions by disqualifying those who engage in activities that are detrimental to the
interests of the union or its members.

5.1 Rights and Duties of Office Bearers

 Right to Inspect : The following items may be inspected by an office-holder or member at any time that
may be specified in the trade union’s rules: (i)the account-books; and (ii) the list of members. A member
who is over the age of 15 has the authority to execute all documents and provide any acquittance
required by law.

 In the case of Usha Breco Mazdoor Sangh v. M/s Usha Breco Ltd, the court held that while the
management cannot use victimization or unfair labor practices to remove union leaders, the union
leaders must also maintain discipline. The court also emphasized that a union leader does not have
immunity from being held accountable for misconduct and that assault and intimidation are criminal
offenses.

 Right to represent workers: The office bearers of a trade union have the right to represent the workers in
collective bargaining with the employers.
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 Duty to act in good faith: The office bearers of a trade union have a duty to act in good faith and in the
best interests of the workers they represent. They must not act in a way that is against the interests of the
workers or that is detrimental to the trade union.
 Right to collect subscription: The office bearers of a trade union have the right to collect subscription
fees from its members. This is necessary for the functioning of the trade union.
 Duty to maintain proper accounts: The office bearers of a trade union have a duty to maintain proper
accounts of the union’s income and expenditure. They must keep accurate records of all financial
transactions.
 Right to call meetings: The office bearers of a trade union have the right to call meetings of the members
of the union. They can also fix the agenda for the meeting.
 Duty to follow the constitution: The office bearers of a trade union have a duty to follow the constitution
of the union. They must ensure that the activities of the union are in line with the provisions of the
constitution.
 Right to make rules: The office bearers of a trade union have the right to make rules and regulations for
the functioning of the union, as long as these rules do not violate the provisions of the Trade Union Act.

 In the case of Indian National Trade Union Congress vs. Hindustan Lever Ltd. & Ors. (1995),
the question was whether an office bearer of a trade union can be transferred by the employer
without the consent of the union. The Supreme Court held that such transfers are illegal and
amount to unfair labour practices.
 In the case of Hindustan Antibiotics Mazdoor Sangh vs. Hindustan Antibiotics Ltd. (1996), the
issue was whether office bearers of a trade union can be transferred to another unit of the
employer. The court held that the employer has the right to transfer employees, including office
bearers of the union, but it should not be done with a mala fide intention to victimize or harass
them.
 Bhagwati Prasad Dixit vs. Union of India (1976): In this case, the issue was whether an office
bearer of a trade union can be suspended pending an inquiry. The Supreme Court held that a
union office bearer can be suspended pending an inquiry, but the suspension should not be for an
indefinite period and should not amount to victimization or harassment. The principles of natural
justice must also be followed during the inquiry

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 6. Conclusion

It is crucial to understand that labour rights are human rights, and while ensuring that employers benefit, the
code must address loopholes that are harmful to the rights of labourers. Positive reforms in the labour regime
must be appreciated, and periodic reforms are necessary to keep up with changing times. Digitization, the
pandemic, and the gig economy have transformed the face of labour legislation, which highlights the need to
change legislation when the ecosystem undergoes significant changes.

After seeing the changes brought in the Industrial Relations Code, 2020 it can be said it does not completely
satisfy the needs of India being one of the members of the International Labour Organization which seeks to
enforce the tripartite consultation processes between employer, workers, and government. The existing Code
fails in fulfilling the objective as while drafting the IR Code, 2020 workers were not even asked and which is
why it can be said that the existing code is employer-friendly and it fails in creating a harmonious relationship
between employers and workers.

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