Page 181 - DCOM207_LABOUR_LAWS

Labour Laws

Notes In December 2000, the Supreme Court finally passed judgement on the controversial Philips
case. It was in favour of the PIL. The judgement dismissed the review petition filed by the
workers as a last ditch effort. The judge said that though the workers can demand for their
rights, they had no say in any of the policy decisions of the company, if their interests were
not adversely affected.
Question
Critically analyse the above case.

Source: http://www.icmrindia.org/casestudies/catalogue/Human%20Resource%20and%20Organization%20Behavior/
Philips%20India-Labor%20Problems-Salt%20Lake-HROB%20Case%20Study.htm

10.5 Summary

l z Trade union is an indispensable part of industrial sector in India.
l z In fact Trade Unions Act as an effective platform for the workers class to enjoy their due
rights without being exploited. To strengthen the fundamental rights of voiceless working
class trade unions are originated.

l z Gradually trade union got recognition from the authority and became a legally approved
representation of labor mass.

l z In India various trade union related Acts and regulations are enacted to empower the
working classes.
l z Indian Trade Union Act 1926 is a principal act that provides adequate safeguards to the
rights of labor masses.

l z The Trade Unions Act, 1926 is a fountain head Act in India that provides varied rules and
regulation related to trade unions.

l z It has underlined wide range of provisions for the benefit of labor mass. This Act states all
modalities related to trade union registration to trade dispute resolution.
l z The Trade Unions Act, 1926 has defined the role of trade unions and also set certain
controlling mechanisms and its main aims and objectives of this Act emphasizes on the
reciprocal relationship between the employers and employees.
l z Trade dispute can be defined as, any disputes that arises in between, employers and
workmen, workmen and workmen or employers and employers, in connection of
employment or non-employment or the terms of employment or the conditions of labour,
of any person.

l z Any seven or more members of a Trade Union may be subscribing their names to the rules
of the Trade Union complying with the provisions of this Act with respect to registration,
apply for its registration.
l z Unless the agreement is an agreement to commit an offence as under section 15, no officers
or members of a registered Trade Union shall be liable to punishment under sub-section (2)
of Section 120B of the Indian Penal Code.
l z In the present shape, the Trade Unions Act, 1926 does not serve the purpose and requires
immediate amendment to make it more useful.

l z The non-existence of provisions on Recognition of Trade Unions makes the Collective
Bargaining processes absolutely difficult and industry faces acute difficulties in shape of
inter-union rivalry and multiplicity of trade unions, having no or negligible following.

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