Centre proposes amendment in labour law to recognise central trade unions

The Union government has proposed a labour law amendment in a bid to give statutory backing to central trade unions. Public comment has been invited till August 10.

The proposed Bill has provisions for recognising central TUs by various government departments, at both the central and state levels. There are provisions empowering the central government to frame rules for recognising unions and resolving disputes arising out of it.

Unions are not recognised under the Trade Unions Act, originally enacted in 1926. The office of the chief central labour commissioner conducts a verification drive of the membership, based on which the labour and employment ministry gives them the status of central TUs, keeping in mind their membership and presence across the states. There are criteria and a procedure.

“However, there is no statutory provision for either recognition of a TU in industry or establishment or recognition of TUs at central and state level,” the labour ministry said in a note inviting public comment till August 10 on its proposal.

The intent behind the present process of recognition is to give representation to unions in various national and international forums, and for making them a part of the consultation process. Since the verification and recognition process does not have  statutory backing, unions have represented that they do not get due weight during their consultations with governments, central or state, the ministry’s note said. 

There are presently 13 central TUs. Most of these have political affiliations. For instance, the Indian National Trade Union Congress (Intuc) is affiliated to the Congress, the Bharatiya Mazdoor Sangh (BMS) to the Rashtriya Swayamsevak Sangh and the Centre of Indian Trade Unions to the Communist Party of India (Marxist).

“It has happened in the past that a political party, ruling either at the Centre or state, has been favourable to its own unions. We could not legalise the TUs’ structure even after so many years of Independence,” said BMS general secretary Virjesh Upadhyay.

However, not all union leaders are in favour of the Centre’s move to recognise via statutory backing. “The government has proposed secret ballots for recognition at the central level. This will be like holding general elections and is unacceptable to us. This is not the kind of recognition that we demand,” said All India Trade Union Congress president Sukumar Damle.