International Journal of Law, Justice and Jurisprudence 2021; 1(2): 107-109

E-ISSN: 2790-0681
P-ISSN: 2790-0673
IJLJJ 2021; 1(2): 107-109 A critical analysis of unfair labour practices and
Received: 20-05-2021
Accepted: 22-06-2021 victimization in the context of industrial relation laws
Dr. Rajiv Kumar Singh
National Law University, Dr. Rajiv Kumar Singh
Nh-65, Nagour Road,
Mandore, Jodhpur, Rajasthan,
India Abstract
The study primarily focuses on India's industrial relations laws, determining if the rules need to be
changed and identifying gaps in the regulations that may promote unfair labour practices and labour
persecution in the hands of employees. “The study examines the Industrial Disputes Act 1947, the
Trade Unions Act 1926, and the Industrial Employment (Standing Orders) Act, 1946, the study tries to
identify the relevant sections which provide the necessary safeguards for the interests of the employees.
It discusses a framework of changes that are needed to be made in labor laws in India to be aligned
with the contemporary global and Indian economic realities.” The paper goes on to examine the
influence of the epidemic on legislation relating to labour relations, if reform is required, and the role
of the state in bringing about these changes. It also discusses the role of trade unions in safeguarding
employees' rights and preventing unfair labour practices. For the sake of research, the researcher has
relied upon the secondary source of data. The research has been conducted through the doctrinal
method.

Keywords: Unfair, labour, industrial relations, pandemic, trade unions

Introduction
India's industrial relations institutional framework is largely based on the colonial model of
industrial relations [1]. “Three important labour legislation, the Trade Unions Act of 1926
(hereafter TUA), the Industrial Employment Act of 1946, and the Industrial Disputes Act of
1947 have substantially defined it (Hereafter IDA).” India pursued a statist, import-
substitution economic policy after independence.
In the present day, the “Industrial Relations in India is primarily governed by the IDA. The
legislation has its root in the Rule 81-A of the Defense of Indian Rules that was promulgated
by the Colonial government in the year of 1942, the primary purpose behind this was to
control the unrest in the country as during that time Britain was pre-occupied with the second
world war and could not afford a curve of industrial disputes, shortly before the
independence in 1947 the rue was changed into a full-fledged Act, which envisages rules in
regard of conciliation, arbitration, adjudication model of industrial dispute resolution.
Furthermore, the act provides a dispute prevention mechanism in the form of work
committees, conciliation officers, board of conciliation and court of inquiry [2].”
Only disputes sponsored by trade unions or a significant number of people were considered
industrial disputes in the early years of the Act. The IDA was then amended to include
procedures for the resolution of individual termination issues, thereby recognizing some
individual conflicts as industrial disputes.
Following a 2010 amendment to the IDA, it became common to practice for parties to
approach labour courts in the event of individual disputes, with no need for a referral.
Furthermore, under the provisions of “S- 12(3) [3] of the Act, there is a provision for entering
into a conciliated settlement, which has a broader application on all current and future
workers of the organization until the settlement is in effect. Furthermore, under the
provisions of S- 18 [4], parties can enter into a voluntary settlement.”
Another important change that is to be noted in IDA with the inclusion of “S.11-A [5], this
was done on the behest of trade union leadership which claimed rampant victimization of the
workmen by the employers, this made the labor courts a Court of appeals in regards of the
Correspondence termination cases, in such cases the labor courts could alter the punishment even if the
Dr. Rajiv Kumar Singh workman is found guilty of misconduct.” This clause is sometimes viewed as contributing to
National Law University, inflexibility and obstructing worker discipline because it can exonerate delinquent employees
Nh-65, Nagour Road, or reduce their punishment even if they are guilty of misconduct. S. 9A [6] of the IDA
Mandore, Jodhpur, Rajasthan,
India
requires employers to provide workers 21 days' notice before making any modifications to
their working circumstances.

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This provision is also seen as contributing to inflexibility, casualization of workmen's employment is an unfair labour
with the industry arguing that it is difficult to respond to the practice and that the social equity principle requires an order
needs of the current business environment because workers of absorption, and therefore instructed the Food Corporation
can file a labour dispute once the notice is given, thus Management to absorb 49 casual workers. judgment was
limiting the employer's flexibility. upheld by a single-judge bench of the Calcutta High Court
The provisions which dictate the rules in regards to strikes but was later overturned by the Division Bench due to
are included in “S. 22 [7] to S. 25 [8] of the IDA, the workers backdoor nominations and violations of Articles 14 and 16
need to give a notice at least 14 days before going on a of the Constitution.” It should also be highlighted that in the
strike but this is only limited to public utility services there absence of any unfair labour practice, Labor Courts cannot
are no such provisions in the case of non-public utilities, this provide regularisation relief just because a worker has
gives the workers there to go on an instantaneous strike if worked as a “daily-wage worker, ad hoc worker, or a
they desired” temporary worker for a number of years.”
Another issue with Indian laws is that there is a provision We may deduce from the study of these cases and statutes
for conducting a strike [9] ballot among workers, so even a that there is an effective method for resolving grievances in
small group of workers can call for a strike. “It is important the event of a dispute. Let us now consider how to approach
to note that the IDA's S. 36 [10] bans the presence of lawyers such a redressal.
in conciliation proceedings and further restricts the presence
of lawyers before adjudicatory bodies, but a lawyer could be Role of Trade Union
allowed if the other party consents.” In India, trade unions play a crucial role in safeguarding
After studying the provisions of the IDA, the author workers' interests. The TUA, 1926, governs trade unions in
believes that the current Act is to the workers' advantage; India. It contains provisions for registration, formation, and
however, whether this is indeed the case will be determined other aspects of the legislation relating to registered trade
in the following chapters. unions [17].
Every worker in India has the right to create a union or
Industrial Relations and Unfair Labour refuse to join one. Not all workers' organizations, however,
Any of the practices listed in the Fifth Schedule are are classified as trade unions. “For example, the Madras
considered unfair labour practices. In India, “the State of High Court held that an association of sub-magistrates of the
Maharashtra enacted the M.R.T.U. & P.U.L.P. Act, 1971, judiciary, tahsildars, and other government officials is not a
which addresses unfair labour practices in great detail. trade union because its members perform sovereign and
Using Maharashtra's decade of experience, the Amendment regal functions.”
Act of 1982 identified Unfair Practices in the Fifth Schedule The members of the union do have some rights these rights
and declared them illegal and criminal offenses under S.25T become their means in being protected from Unfair labor
and S.25U of the IDA [11]. However, unlike the Maharashtra practices, In the case of “All India Bank Employees’
Act, the Central Act did not make any provision for the Association v. N.I. Tribunal [18], some of these rights were
effective prevention/stoppage/rectification of the unfair highlighted these rights” are –
practices. This rule is unique in that it prohibits unfair labor 1. “The right of the members of the union to meet.”
practices by workmen as well [12].” 2. “The right of the members to move from place to
Given the seasonal nature of agricultural labour, an place.”
employer's publication of a circular preventing new workers 3. “The right to discuss their problems and propagate
from working for more than 240 days would not be their views.”
considered an unfair labour practice [13]. Laborers who are 4. “The right of the members to hold property”
not engaged in agricultural operations may not be fired in
order to avoid fulfilling the 240-day requirement. Unfair It should be noted, however, that the case went on to say
labour practices might be deemed if such workers were fired that Art. 19 does not cover a right to the accomplishment of
[14]
. Furthermore, under “Section 30(1)(b) of the MRTU and all the goals for which trade unions are created [19]. It should
PULP Act, the Industrial and Labour Courts have broad be highlighted that an unregistered trade union or one whose
powers to direct the employer to take affirmative action in a registration has been revoked is ineligible to receive any of
case of unfair labour practice, including the power to order the TUA or IDA advantages [20].
regularization or permanency [15].” In India, trade unions play a significant role in terms of
In the changing times especially during this time of the industrial relations because trade unions are where
pandemic, the definition of Unfair Labor Practices must also collective bargaining takes place. The Hon'ble Supreme
be understood in a current context. An act must contain Court has defined collective bargaining as “the technique by
characteristics of arbitrariness and unreasonableness to be which dispute as to conditions of employment is resolved
considered unfair labour practice; if this is demonstrated, it amicably by agreement rather than coercion. It is to be
will invoke the fundamental right guaranteed under Article noted that refusing to bargain with employer collectively is
14 of the Indian Constitution. “In the case of Durgapur regarded as unfair labor practice [21].”
Casual Workers Union v. Food Corporation of India [16] The Furthermore, if both parties are unable to establish a
dispute, in this case, involved regularisation workers who collective bargaining agreement, the union has the option to
had previously worked on a contractual basis in the strike, in “B.R Singh v. Union of India [22], the court has
Corporation's Modern Rice Mill in Durgapur and were recognized strike as a mode of redress for resolving the
directly hired by the Corporation in June 1991 as casual grievances of workers. This step however has some
employees on a daily salary basis at the Food Storage Depot problems involved as there is an underlying assumption
at Durgapur Corporation after the Rice Mill closed. The made by the SC was that a recognized union represents all
Central Industrial Dispute Tribunal held that continuous the workmen in the industrial undertaking or the industry,

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Thus if there are some workers who are not interested to be the spirit of the legislation. India also provides an alternative
participant in the strike are still forced to be a part of the dispute resolution mechanism through which employees can
strike.” get justice very soon because proper redressal mechanisms
“After the strike the conciliation process begins, the provided speedy justice. After all, it is immune from the
proceedings began after the conciliation officer receives the complex procedure of the law. But this is not the ultimate
notice of strike, the state government may appoint a solution for the workers there is a need for improvement in
conciliation officer to investigate the disputes, mediate and the redressal mechanism. The government should recognize
promote settlement during the cooling-off, further a board of this and take measures that are helpful to workers. This
conciliation may also be appointed in equal numbers on the would aid in reaching long-term goals rather than short-term
recommendation of both the parties, it is to be noted that no gains.
strikes shall be conducted in this period., the process is
concluded with one of the following experience I) References
Settlement ii) No Settlement iii) reference to labor court or 1. K.R. ShyamSundar, Institutional Framework of
industrial tribunal” [23]. Industrial Relations in India: Still & Muddy Waters, 50
The IDA's “Section 7A [24] establishes a labour court or an IJLR 2014;195:195-203.
industrial tribunal inside each state government, consisting 2. Debi S. Saini, Indian Industrial Relations Law: Case for
of one person selected to resolve labour issues.” Reform, 50 IJLR 118, 118-132
3. Industrial Disputes Act, 1947, § 12, No.14, Acts of
Impact of the Pandemic Parliament, 1947 (India).
The pandemic has had serious consequences for workers in 4. Supra note 3, § 1.
India; many of them who had moved in quest of work have 5. Supra note 3, § 11.
had their livelihoods shattered; the imposition of lockdown 6. Supra note 3, § 9.
has become a brutal punishment for these workers. Many 7. Supra note 3, § 22.
workers have already lost their jobs, and many more have 8. Supra note 3, § 25.
had their pay reduced as a result of the pandemic. In light of 9. Supra note 5, at 122.
this, many states have relaxed labour laws in their 10. Supra note 3, § 36.
jurisdictions to create more job opportunities and generate 11. Avatar Singh, Introduction to Labour And Industrial
revenue for the industries that were primarily closed as a Law 302 (Lexis Nexis 2016)
result of the pandemic. 12. Ibid.
The question is whether this relaxation is advantageous to 13. Supra note 11
labourers or whether it will lead to unfair labour practices 14. Ibid.
and worker victimization. Before we speculate, let us first 15. Maharashtra State Road Transport Corporation v
learn what changes have been made by the states and which Casteribe Rajya Parivahan Karmchari Sanghatana,
states have made these adjustments. “Many labor laws in (2009) 8 S.C.C. 55
Uttar Pradesh (UP) have been granted temporary exemption; 16. (2015) 5 S.C. 786
these provisions stand suspended for nearly three years, 17. Sodhi JS. Trade Unions in India: Changing Role &
including significant acts such as the IDA and TUA [25]. Perspective, 49 IJLR 2013;172:169-184.
Furthermore, Madhya Pradesh (MP) has approved the Labor 18. AIR 1962 SC 171
Amendment Act, which exempts key elements of the IDA, 19. Id.
which is one of the most important safeguards for workers 20. B. Srinivasa Reddy v. Karnataka Urban Water Supply
from exploitation. Additionally, the working shift has been & Drainage Board Employees’ Association”, 11 SCC
raised from 8 to 112 hours, with 72-hour overtime 2006, 731(2).
authorized [26]. Rajasthan, Punjab, and Haryana, for 21. Karol Leather Karamchari Sangathan v. Liberty
example, have expanded working hours from 8 to 12 hours Footwear Company, (1989) 4 SCC 448.
per day [27].” 22. (1989) 4 S.C.C. 710
When we evaluate these measures, it is clear that in order to 23. Supra note 3, § 20
provide more job opportunities and attract more investment 24. Supra note 3, § 7
to the state, the governments have created an atmosphere 25. Raj Dev Singh, Shrusti Jena Maharathy & Pathik
that will primarily lead to the exploitation of the state's Choudhury, India: State wise relaxation of Labor
workers. The labourer may be forced to work in inhumane Legislation Amidst COVID-19.
conditions for a poor wage, with no way of redressing their 26. Ibid.
problems. 27. Ibid.
According to the author, the government is attempting to
achieve short-term goals while ignoring long-term goals. If
these policies are maintained, workers will most likely
receive salaries that are not commensurate with their skills,
resulting in a decrease in demand that would severely harm
the economy.

Conclusion
After going through all the detailed provisions for the
workers the author believes that in India all is enough but
there is a problem at the implementation level without the
proper implementation it is a very difficult task to achieve

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