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- Right to form trade union in India Article 19(1)(c) of the Constitution
- Article 19(1)(c) of the Constitution guarantees to all citizens the right to form associations and unions.
- However, such right can be restricted by making suitable legislation under Art. 19 to protect public order and morality.
- Fulfilment of every object of an association formed is also a protected right, but not a fundamental right.
- Article 19 does not carry with it a fundamental right in the union to achieve every object for which it was formed or guaranteed effective collective bargaining or to go on strike etc. These rights can be controlled by appropriate industrial legislations (e.g. IDA) but never the right to form Unions.
- Trade union Sections 2(h), 22, 15, 16, 21A
- Trade dispute Section 2(g)
- Section 2(h) – “Trade Union” means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions.
- Section 2(g) – “trade dispute” means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person, and “workmen” means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.
- Is similar to the definition of “industrial dispute”
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