WORKERS RIGHT TO FORM UNION- A STUDY IN RELATION TO INDIAN

CONSTITUTION

The inauguration of the new Constitution gave a new orientation to the trade union
movement.

Insertion of Art. 19 (c) one of the Fundamental Rights which reads as- All citizens shall
have the right “to form associations or Unions”. On which restrictions can be imposed
under Article 19(4) in the interest of sovereignty and integrity of India or public order or
morality

Kahn Fruend expressed that freedom of organization involves two aspects (1) absence of
restraints and (2) presence of positive guarantees. Absence of restraints means the state
shall not impose any restrictions. Previously there was an Act called Combinations
Prohibition Act 1799, which prohibited any organization of workers and there was no
right to form associations.

In Britain after a long struggle workers achieved the right to form organization.

It is only in the year 1824 the Britain government parliament the workers to form
organizations. But there were no civil immunity or criminal immunity. There were several
criminal cases lodged against members of the trade unions.

It was held in Kulkarni’s case that the right of association pre-supposes organization. It as
an organization or permanent relationship between its members in matters of common
concern. It thus includes the right to form companies, societies, partnership, and trade
union.

Raja Kulkarni Vs State of Bombay (1954) SC 73

Right to form association does not carry the right to strike

In T.K.Rangarajan Vs State of Tamil Nadu, (AIR 2003 SC 3032) the Supreme Court
delivering its final verdict on August 6, 2003 made it amply clear that “Government
employees have no fundamental, legal, moral or equitable right to go on strike”, thus
holding the state machinery and citizens to ransom.

Right to form association does not carry the right to inform rival union

In K.R.W Union Vs. Registrar, it was held that an order under Section 8 of the Trade
Unions Act, 1926 without informing to the existing rival union was not violative of Art
19(1)(c).

The right to be recognized by government or the right to represent workmen was not
absolute.
 Article 19(1)(c) did not confer on any individual or association the right to carry on trade
union activities free of competition from rivals, therefore state action which introduced
new competitors could not be challenged as contravening Article 19(1)(c).

petitioner was that right to form an association implied the right not to form or join it, he
further contented that both rights were one integral right guaranteed by Article 19(1)(c).
The right not to join an association is not a fundamental right

In Tika Ramji Vs U.P (1956) SCR 393 the contention of the

Freedom of association and government employees

P.Balakotaiah Vs Union of India AIR 1958, SC 232

The appellants contended that their services were terminated because they were
communists and trade unionists and consequently the orders terminating their services
under Rule 3 amounted in substance to denial to them of the freedom to form
associations.

The appellants were informed that they had carried on agitation among the Railway
workers for a general strike with a view to paralyse communications and the movement of
essential supplies and thereby create disorder and confusion in the country. As their
services were terminated the appellant’s fist moved the High Court under Article 226 of
the Constitution.

Restrictions on the Freedom of Association

The right of association like other individual freedom is not unrestricted. Clause (4) of
Article 19 empowers the State to impose reasonable restrictions on the right of freedom of
association and union in the interest of "public order" or "morality" or "sovereignty or
integrity" of India. It saves existing laws in so far as they are not inconsistent with
fundamental right of association.

Rama Krishna Vs President, District Board, Nellore, AIR (1952) Mad 253

Government order requiring municipal teachers not to join unions other than those
officially approved was held to impose prior restraint on the right to form association and
union, which was in the nature of administrative censorship, and hence invalid

Debopriya Mukherjee

BA LLB (H)

Sem-5
BIBLIOGRAPHY:

1. Class Notes provided

2. http://shodhganga.inflibnet.ac.in/bitstream/10603/8118/12/12_chapter%204.pdf