You can grab notes for other topics from here.
- This stems from a petition seeking to set aside the order of the Registrar of Trade Unions, Madras refusing to register the union of employees of the Madras Raj Bhavan as a trade union.
- At Raj Bhavan in Ooty and in Guindy, there are various employees employed to look after the governor and state guests.
- There are two categories of employees: (1) those whose services are of a domestic nature. They number 102. The services of these persons are pensionable and are governed by certain rules framed by the Governor of Madras; and (2) maistries and gardeners. There are 33 such persons employed at Guindy and 35 at Ootacamund. Their duties consist of maintaining the gardens. Their service is not pensionable but they would be entitled to gratuity at certain rates.
- With the object of securing better service conditions and to facilitate collective bargaining with the employer, the employees formed themselves into a union called the Madras Raj Bhavan Workers’ Union and applied to the Registrar of Trade Unions, Madras for registration of their union.
- The Registrar was of the view that before a union can be registered, the members must be connected with a trade or industry or business of an employer, and that condition not being fulfilled in the present case to entitle them to the registration. The application for registration was rejected. The basis was that the work they were engaged in was domestic in nature and therefore can’t be seen as connected with a trade of industry.
- Refer to the definition of “industrial dispute”.
- The applicants did not claim before the Registrar that the employees were engaged in either trade or an industry. The claim was that their services could not be held to be purely domestic services and that therefore their union would be entitled to the benefits of registration.
- The workers argued that the Act refers to workmen employed in an industry. Although there is no definition of the term industry in the Act itself, the definition of the term given in the Industrial Disputes Act could be adopted for ascertaining its meaning. The term “industry” is defined to include an undertaking would be comprehensive enough to cover the case of employees like these engaged in services at the Raj Bhavan who systematically do material service for the benefit of not merely the members of the Governor’s household but also to visitors and guests as well.
- The High Court however disagreed with this proposition. It said that the definition of “trade dispute” explains that “Workman means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.“ The court opined that the manner in which the concept if encapsulated is different from the definition of “industry” under the IDA. It is intended only for interpreting the term “trade dispute”. It is obvious that the industry should be one as would amount to a trade or business, i.e. a commercial undertaking.
- The object behind the IDA is to secure industrial peace and speedy remedy for labour discontent or unrest. A comprehensive meaning of the term “industry” was thought necessary by the legislature in regard to IDA. But the same thing cannot be said of the Trade Unions Act. The history and object of that enactment show that it was intended purely to render lawful, organization of labour to enable collective bargaining. The provisions of the Act contemplate the admission of even outsiders as members and participation in political activities. I am very doubtful whether at all it could be said that the IDA and the TUA form a system or codes of legislation to be read together and interpret one in the light of another.
- It cannot be said that the employer in the present case is having such a trade or business.
- The services rendered to the State guests are personal services to them and indirectly to the employer. They would not amount to a trade or business. The mere fact that employees serve the visitors and State guests of Raj Bhavan, would show that there was co-operation between the employer and the employees for the purpose of a trade or business.
You can grab notes for other topics from here.
