Art 19(1)(c) says about freedom to form association and unions with reasonable restrictions under clause (4).Trade union is one of those unions which art 19(1)(c) says. Right to form association does not means to carry on strike in case T.k.rangrajan Vs State of Tamil Naidu (AIR2003) supreme court says that government employees don’t have fundamental,moral,legal and equitable right to go on strike' and also states to bring back employee who are not involved in violence.
As India is developing economy there was a need to protect employees from exploitation which was going on the pre independence period , therefore labour law enacted to save interests on employees in various provisions like Industrial disputes act’,1947, Minimum wages act 1948 , Trade union act 1926 etc.
Trade union definition by statue :-
According to section 2(h) of the Indian Trade Unions Act 1926,
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.
Case law- Raghudhar dayal vs Union of India AIR 1962 SC 623
Supreme court held that formation of association and trade as Its not merely formation of association but effectively working of association,Also no union can ask for monopoly and right to refuse association.
Employees faces lot of difficulties in this era due to excessive use of technology ,work load and lack of skilled manpower. To safe themselves trade union urged to Union finance minister Nirmala Sitharaman to issue rise in minimum wages, pension scheme in Union budget also says to increase in employment opportunities to erode poverty in country by all this request made by trade union, Union budget shows it’s responsibility towards it by making so many liberalisation towards employees.
But now as a out break of covid-19’ pandemic it puts hurdles in the path of economy growing severely Especially it’s become very hard time for migrant workers who left their home town for getting their livehood and daily wages works ( construction workers, factory workers).
As we see so many news of people death due to come under goods train , starvation, mental fatigue ,road accident. Workers don’t have enough money to live where they are and not have any transportation facilities they marched to back their home towns on their feet . Although central government making their try to make availability of food and shelter to all as providing money on their bank accounts and food but all this cannot be done alone by govt.it needs hands where the owner of these workers have to come forward and help them but they don’t do so.
Likely state governments of Uttar Pradesh , Gujarat and Madhya Pradesh make their labour laws flexible for making up with loss occur without thinking about labours health affect. In Uttar Pradesh most of the labour laws provisions are going to be exempted for 3yrs except bonded labour, deploying of women and child ,and timely payment of salaries.The reason behind this exemption is to make more investment and get back economy in track.
Similarly M.P govt.says rises the daily working hours by 7 to 12 hour in a day i.e 72 hours in a week as well as exemptions in its labour law for making easier life to bussiness. Many government are going to do similar things as they become more oriented towards economic rather than health.
In this situation number of PILS are also filled in supreme court some of them are:-
PIL on MNREGA daily wages to the workers should be given in the time of lockdown and also urged to supreme court to extend the number of daily from 100 to 200 for daily workers.
PIL on the providing minimum salary to the employees but this PIL was rejected as the companies says they are providing shelter and food to its employees.