This article is written by Manvi Verma of The Law School, University of Jammu, an intern under Legal Vidhiya.
ABSTRACT
This article explores the growth of the labor movement and trade unionism in India, tracing its origins from the 19th century to the present day, and highlighting the major problems faced by the movement. The research problem focuses on understanding the historical development of the labor movement in India, the challenges faced, and the current state of trade unionism. The aim is to provide a comprehensive analysis of the growth of trade unionism in India and the major issues hindering its progress. The methodology involves a historical research design, utilizing primary and secondary sources to examine the evolution of the labor movement, key events, and the current challenges faced by trade unions. The participants in this study are the workers, leaders, and organizations involved in the labor movement in India. The context of the study is India’s industrialization, colonial history, and post-independence political landscape. The findings reveal the significant role of the labor movement in transforming working conditions and the emergence of trade unions as legal entities. The implications of the study underscore the need for addressing the major problems faced by trade unions, such as small size, poor finance, politicization, multiplicity of unions, and lack of an enlightened labor force, to strengthen the labor movement in India.
KEYWORDS
Labor movement, Trade unionism, India, Industrialization, Working conditions, Challenges, Historical development, Participants, Politicization, Post-independence, Implications.
INTRODUCTION
The main factor that changed suffering and hopelessness into growth and optimism was the labor movement. Economic and social change emerged from its valiant battles with the goal of providing government assistance to the impoverished, unemployment insurance, pensions for the elderly, and, most importantly, new wage levels that meant living a decent life rather than just surviving. Instead of spearheading this change, the titans of industry fought it until they were vanquished. When the national wave of union organization crested in the 1930s, it carried not only itself but the entire society to safety.
In India, the labor movement began in 1877 when the government, social reformers, and progressive employers implemented several measures to improve the lot of workers. In contrast, the trade union movement began in 1918 when workers formed their own association to improve working conditions. The labor movement, a broader phrase, includes the trade union movement as well.
Like in other nations the India’s large scale industries and the trade union movements are also closely related to each other.
The growth and the development in the large industrail units have changed the living and the working conditions of the workers and led to a variety of challenging issues. A new class of wage earners was created by the introduction of machinery, new production lines, and the concentration of industries in particular large cities, which led to the division of the industrial society into capitalists and laborers, or the haves and have-nots. They were brutally exploited and forced to work in abhorrent conditions in the lack of any organization. Since individual objections could not influence employers, people banded together to defend against the cruel actions of bosses. They band together and stage a coordinated demonstration.[1]
They were brutally exploited and forced to work in abhorrent conditions in the lack of any organization. Since individual objections could not influence employers, they banded together to defend against the cruel practices of the bosses. They band together, stage coordinated protests, and establish trade unions.
The observation of the 26th President of the United States is noteworthy to note here which goes as – “It is essential that there should be an organization of labour. This is an era of organization. Capital organizes and therefore labour must organize.” – Theodore Roosevelt.[2]
The Indian Trade Unions are no longer strike committees or ad hoc entities; instead, they now have a legal existence. The following chapter provides a detailed analysis of Indian labour laws. These days, labour unions are an indispensable aspect of industrial society. They have been successful in setting up central Union Federations, which aid in determining the tenets, ideology, and goals of the unions and provide some direction to the otherwise dispersed and isolated unions. The labour movement now regards unions as extraordinary.
GROWTH OF TRADE UNIONISM IN INDIA
Similar to the Industrial Revolution in Britain, the British began colonizing the Indian subcontinent in the 1600s and established factories and mills there. India’s abundance of cheap and unreliable labor, combined with its natural resources and available land, made it an ideal place for the British to begin industrialization.
The first cotton mill was setup in 1851 in Bombay and the firs jute mill was established in 1855 in Bengal.
The working conditions in India were worse than in Britain. The deplorable and exploitative working conditions, including pay scales, working hours, and policies regarding dismissal, prompted workers to band together and stage a protest. One of the earliest instances of labor unrest dates back to 1877, when workers at Empress Mill in Nagpur staged a strike in response to an abrupt pay cut.
There was no legislation to authorize and oversee these new labor unions because this type of unionism was a relatively new phenomenon. Few actions were made to investigate and settle the issue because of the labor class’s growing dissatisfaction and unrest as well as their ongoing disagreements with the employer class.[3]
Factories Commission, 1875: – The first commission to properly investigate factory conditions was the Factories Commission, established in 1875. After concluding that a legal limit of some kind was required, the Factories Act, 1881, was passed.
Factories Commission, 1885: – The Second Commission was established in 1885, and the Second Factories Act was passed in 1891 based on the findings of the inquiry.
Royal Commission on Labor, 1892: – This Commission was established for imposing some restrictions on working hours of labors.
Even after the Factories Commissions and the Factories Legislations, there was no growth and development in the conditions of the labors. In 1885 the workers had signed the memorandum with their employers to provide them with minimum working facilities. But still the condition didn’t improved.
Amidst the backdrop of Mahatma Gandhi’s nonviolent movement and the formation of the Indian National Congress, the laborers’ initial approach was humanistic in nature.
THE FIRST STRIKE
The movement’s roots are in intermittent labor unrest that began in 1877 when workers at the Empress Mills in Nagpur went on strike in response to a pay cut. Five thousand Bombay Textile Workers filed a petition in 1884 asking for weekly holidays, a thirty-minute midday break, and regular wage payment. Between 1882 and 1890, there were reportedly 25 strikes. These strikes were ill-planned, short-lived, and ultimately ineffective. Because of the extreme oppression they faced from their employers, employees would have rather quit.[4]
PERIOD BEFORE WORLD WAR I
Large-scale industrial development has led to the rise of numerous social ills, such as the employment and exploitation of women and children who work in appalling conditions in India that are probably worse than those of labor in England. At that time, workers lacked unionization and were frequently at the whim of their employers.
The first organized effort was launched in 1875 by Sorabji Shaparji, who spearheaded the movement to alert the government to the appalling conditions of child and woman labor in Indian industries, along with a few social workers. Even in the nineteenth century, there were strikes. Employees at Nagpur’s The Empress Mills staged a walkout over pay rates in 1877.
A significant event during the 1980s was the labor conference that was held in Bombay in 1884, led by factory worker N.M. Lokhande. The inadequate working conditions of the workers were brought to the attention of the Second Factory Commission through a memo, but no progress was made. As a result, on April 21, 1890, a large gathering was called in Bombay, and roughly 10,000 laborers showed up.
The meeting passes a resolution demanding: –
(i) One day off per week,
(ii) A 30-minute break at midday,
(iii) Shortening the workday,
(iv) Wage payments made by the fifteenth of the month at the latest, and
(v) Pay for injuries an employee receives while performing their job.
The owners of the mills consented to give textile workers one weekly holiday. Inspired by this triumph, Shri N. M. Lokhande founded the Bombay Millhand Association in 1890. In India, this was the very first trade union. In addition, Mr. Lokhande founded DINABANDHU, the first newspaper published by the workers, with the intention of educating the workforce and bringing their justifiable complaints before the relevant authorities.
This was a noteworthy accomplishment of the Indian trade union movement before the turn of the 20th century.[5]
THE EARLY TRADE UNION PHASE (1918-1924)
In India, the true trade union movement began during this time. It was set up similarly to how unions functioned in the industrialized world.
Workers became more aware of their class as a result of the First World War’s worsening living conditions and increased exposure to the outside world. This gave the movement a good foundation on which to grow. The early trade union period is the name given to this time frame.
Important unions include the Madras Labor Union, which is led by B.P. Wadia, the All India Postal and RMS Association, the Ahmedabad Textile Labor Association (1917), and others.
The oldest Indian trade union federation, AITUC, was founded in 1920. Lala Lajpat Rai, Joseph Baptista, N.M. Joshi, and Diwan Chaman Lal founded it. The AITUC elected Lajpat Rai as its first president.
Factors influenced the growth of the movement
1.Poor living conditions resulted from the War’s price spiral and the subsequent mass ensnaring of workers. Worse than that, their miserable working conditions made matters worse. As a result, they looked to unionization for collective bargaining power.
2.The nationalist leadership became interested in the plight of workers as a result of the development of Home Rule, the rise of Gandhian leadership, and the socio-political environment. Conversely, employees sought out expert direction and leadership.
3.Their morale was raised by the Russian Revolution and other global events, such as the founding of the International Labor Organization in 1919.[6]
PERIOD OF LEFT-WING TRADE UNIONISM (1925-1934)
This was a revolutionary era characterized by growing militancy. There were several split-ups in the movement as well. The moderating influence of notable figures such as N.M. Joshi and V.V. Giri was crucial in bringing the movement closer to the nationalist mainstream.
The All-India Red Trade Union Congress (AIRTUC) and the National Trade Union Federation (NTUF) were formed as a result of the AITUC’s multiple splits. But they realized they needed to work together, and in the following stage they all joined the AITUC.
The trade union movement also found favor with the government. Its expansion was aided by laws such as the Trade Unions Act of 1926 and the Trade Disputes Act of 1929. It gave the unions a lot of rights in exchange for a lot of responsibilities. This was a time when the left was in power. As such, it could be called the left-wing trade unionism era.[7]
THE CONGRESS INTERREGNUM (1935-1938)
There was a stronger sense of unity amongst various unions during this phase. By 1937, the Indian National Congress had taken control of most of the provinces. As a result, an increasing number of unions came forward and joined the nationalist movement. AIRTUC and AITUC amalgamated in 1935. Provincial governments passed various laws that granted trade unions greater authority and legitimacy.
Congress ministries adopted a strategy of safeguarding industrial peace while advancing worker interests. The goal was to achieve labor-capital reconciliation, with ministries vying for increased wages and improved living standards. Strikes, however, were viewed as law-and-order problems by many ministries. They suppressed it with colonial machinery. The unions became very resentful as a result.[8]
PERIOD OF LABOR ACTIVISM (1939-1946)
The workers’ standard of living was further reduced during World War II, which strengthened the movement. A rift developed between the Congress and the Communists over the war effort. This caused the movement to become even more divided, in addition to other problems. However, the compounding problems made the movement stronger overall. This included the widespread post-war entrenchment and the ensuing sharp price increase.
The trade union movement was strengthened by laws such as the Bombay Industrial Relations Act and the Industrial Employment Act of 1946. The movements became more vocal and active in the national movement overall.[9]
POST INDEPENDENCE TRADE UNIONISM (1947-present)
It was characterized by the rise in union membership. Under the direction of Sardar Vallabhbhai Patel, INTUC was established in May 1947. Since then, Communists have come to dominate the AITUC. In 1948, the Praja Socialist Party sponsored the formation of the Hind Mazdoor Sabha. Later on, socialists began to have an impact on it. Founded in 1955, Bhartiya Mazdoor Sangh is presently associated with the Bhartiya Janata Party.
Trade unions and party politics became more intertwined after independence. Due to the fact that every regional party has chosen to establish its own trade union, there is an abundance of these parties. Nonetheless, following the liberalization that occurred after 1991, their influence has somewhat decreased. Reforms to the labor code and the minimum wage, for example, continue to be contentious political issues because of trade union leadership opposition.[10]
Following its independence, India has also seen the convergence of various unions to tackle shared problems. These include the devastating 1974 railway strike and the 1982 Great Bombay textile strike. However, after 1991, it seems that public support for these strikes has decreased. Additionally, informal labor is receiving more attention. This is because unorganized labor is in a particularly vulnerable position.
MAJORS PROBLEMS FACED
- Small Size: – According the the veteran leader V.V. Giri, “the trade union movement in India plagued by the predominance of small sized unions.”
- Poor Finance: – Small size of unions has its direct bearing on its financial health. Total income and total expenditure of 9,073 trade unions with a membership of 57.4 lakh were Rs. 3,238 lakhs and Rs. 2,532 lakhs respectively in 1992.
- Politicization: – The leadership of the trade union movement in India has been supplied by outsiders, particularly career politicians, which is a grave flaw. Due to the party affiliation of their leaders, the unions were less concerned with defending the interests of their members and more focused on following their political leaders lead.[11]
- Multiplicity of Unions: – These days, trade unionism in India is also distinguished by the abundance of unions founded on religion, creed, and craft. The socio-political conditions following the mandalization of the political system and the increased awareness of sectarianism following the destruction of the controversial Ayodhya structure serve as clear indicators of this. It is astounding how many unions there are in the DTC (50), SAIL (240), and Calcutta Corporations (100). The presence of multiple trade unions implies that there will inevitably be union rivalry within the organization. It goes without saying that a large number of unions contribution to worker fragmentation, which results in tiny unions.[12]
- Lack of Enlightened labor force: – One of the main obstacles to the growth of trade unions in the nation has been the absence of an educated labor force capable of staffing and leading the movement in an efficient, intentional, and effective manner. Lack of education, racial, religious, and caste division, migration, a lack of self-awareness, and a non- permanent labor class have all been identified as contributing factors to India’s lack of an enlightened labor force.[13]
TRADE UNIONISM IN 21st CENTURY
The trade unions faced numerous challenges as a result of NEP’s difficulties, but one bright spot is that the number of unions has increased and they are now better organized and operating. The Labor Bureau reports that there are approximately 11,556 labor unions in India that are officially registered, with an average of 1283 members per union.
The Act was changed in 2001. Some significant changes and additions to the act include:
Modification to Section 4: Following the 2001 amendment, a proviso was added to Section 4 that specifies the minimum number of workers who must be members of the Trade Union at the time the registration application is submitted. The phrase “proviso” means
“Provided that no Trade Union of workmen shall be registered unless at least ten per cent of one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making of an application for registration:
Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connected.”
Section 9A Insertion: Section 9A of the Act established a minimum membership requirement.
9A: – “The minimum requirement about membership of a Trade Union is the new language in Section 9A. A legally recognized labor union must always maintain a minimum of seven members who are employed by an organization or business that the union is affiliated with, or ten percent of all workers, whichever is less, must be members of the union.”[14]
CENTRAL TRADE UNIONS
There are currently many central trade union organizations, but there are five main ones, each with over 5 lakh members and an all-Indian membership.
The All-India Trade Union Congress (AITUC), the Indian National Trade Union Congress (INTUC), the Bhartiya Mazdoor Sangh (BMS), the Hind Mazdoor Sabha (HMS), and the Center of Indian Trade Union (CITU) are the main organizations. Various political parties’ control all of these organizations.
In addition, there are numerous officially recognized union federations across a range of sectors and professions that are unaffiliated with any central organizations. These include the Indian Federation of Working Socialists, the National Federation of Indian Rail workers, the All-India Bank Employees Association, the National Federation of Post and Telegraph Workers, the All-India Mine Workers Federation, and others.[15]
LANDMARK CASES
All India Bank Employees’ Association v. N.I. Tribunal[16]
The case laid down the rights of trade unionists to be subject to the fundamental right to freedom of speech and expression under Article 19(1)(c).
However, the court ruled Article 19 (1) (c) does not include a right to achieving all the goals for which the trade union was created. The judgement also held appropriate labor laws can regulate or limit trade union strikes.
Balmer Lawrie Workers’ Union, Bombay and Anr. V. Balmer Lawrie & Co. Ltd. and Ors[17]
The Supreme Court underlying assumption was that a recognized union represents all workers in a particular industrial project or industry. This matter was also mentioned in the MRF United Workers case.
Kalindi and Others v. Tata Locomotive and Engineering Co. Ltd[18]
The Supreme Court held that there is no right to representation unless it recognizes it through its standing orders. In Bharat Petroleum Corporation Ltd. v. Maharashtra General Kamgar Union & Others, the decision upheld.
CONCLUSION
In the past, trade unions’ function in India was primarily restricted to collective bargaining for financial gain. Conversely, trade unions today have a significant impact on banking, healthcare, cultural initiatives, employee welfare, and medical facilities. They also help to raise awareness through providing trade union members with training and education.
Although there have been a few isolated incidents in recent times, the majority of trade unions have been successful in fostering an environment that permits employees and employers to have productive discussions about any requests they may have. Moreover, Indian trade unions have made sure that a forum is in place to promote improved industrial relations, industry expansion, and long-term productivity gains. [19]
REFERENCES
- https://www.yourarticlelibrary.com/trade-unions/top-6-problems-faced-by-trade-unions-in-india-explained/35459
- https://www.clearias.com/trade-unions-history-labour-unions-in-india/
- https://www.legalserviceindia.com/legal/article-7677-trade-unions-in-india.html
- https://blog.ipleaders.in/explained-evolution-of-trade-unionism-in-india/
- https://shodhganga.inflibnet.ac.in/bitstream/10603/81209/10/10_chapter%202.pdf
- https://timesofindia.indiatimes.com/readersblog/lawpedia/trade-unionism-in-india-46867/
- https://www.studocu.com/in/document/university-of-mumbai/bachelors-of-law-3-years/about-trade-union/75452618
- Https://www.coursehero.com/file/23696844/mba-104-ans/
- https://taxguru.in/corporate-law/evolution-trade-union-india.html
- https://www.economicsdiscussion.net/trade-unions/origin-and-development-of-trade-unions-in-india-economics/
[1] https://shodhganga.inflibnet.ac.in/bitstream/10603/81209/10/10_chapter%202.pdf
[2] https://blog.ipleaders.in/explained-evolution-of-trade-unionism-in-india
[3] https://blog.ipleaders.in/explained-evolution-of-trade-unionism-in-india
[4] [4] https://shodhganga.inflibnet.ac.in/bitstream/10603/81209/10/10_chapter%202.pdf
[5] https://www.economicsdiscussion.net/trade-unions/origin-and-development-of-trade-unions-in-india-economics/
[6] https://www.economicsdiscussion.net/trade-unions/origin-and-development-of-trade-unions-in-india-economics/2930
[7] https://www.economicsdiscussion.net/trade-unions/origin-and-development-of-trade-unions-in-india-economics/2930
[8] https://www.economicsdiscussion.net/trade-unions/origin-and-development-of-trade-unions-in-india-economics/2930
[9] https://www.economicsdiscussion.net/trade-unions/origin-and-development-of-trade-unions-in-india-economics/2930
[10] https://www.economicsdiscussion.net/trade-unions/origin-and-development-of-trade-unions-in-india-economics/2930
[11] (1) https://www.yourarticlelibrary.com/trade-unions/top-6-problems-faced-by-trade-unions-in-india-explained/35459
[12] (1) https://www.yourarticlelibrary.com/trade-unions/top-6-problems-faced-by-trade-unions-in-india-explained/35459
[13] (1) https://www.yourarticlelibrary.com/trade-unions/top-6-problems-faced-by-trade-unions-in-india-explained/35459
[14] https://blog.ipleaders.in/explained-evolution-of-trade-unionism-in-india
[15] https://www.economicsdiscussion.net/trade-unions/origin-and-development-of-trade-unions-in-india-economic
[16] https://www.legalserviceindia.com/legal/article-7677-trade-unions-in-india.html
[17] https://www.legalserviceindia.com/legal/article-7677-trade-unions-in-india.html
[18] https://www.legalserviceindia.com/legal/article-7677-trade-unions-in-india.html
[19] https://taxguru.in/corporate-law/evolution-trade-union-india.html
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