Write short notes on the Recognition of Trade Union, Badli Workmen and the Manufacturing Process.

Question: Write short notes on the Recognition of Trade Union, Badli Workmen and the Manufacturing Process.

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Answer

i) Recognition of Trade Union

The Recognition of Trade Unions in India is governed by the Trade Unions Act, 1926. This legislation provides a legal framework for the formation, registration, and functioning of trade unions in the country. The Act recognizes the significance of trade unions in safeguarding workers' rights and promoting collective bargaining.

Key provisions relating to the recognition of trade unions in the Trade Unions Act are as follows:

Section 2(h): Definition of Trade Union

The act defines a trade union as any combination of workers or employees formed primarily for the purpose of regulating the employment relations between workers and employers, including the promotion and protection of their interests.

Section 2(j): Recognition of Trade Union

The act defines recognition of a trade union as granting an official acknowledgement to a trade union by the employer or appropriate authority for the purpose of collective bargaining or other employment-related matters.

Section 22: Right to Recognition

Section 22 of the act provides the right to recognition for a trade union that meets certain conditions. These conditions include having a minimum prescribed membership and being representative of the workers in a particular establishment or industry.

Section 28: Application for Recognition

A trade union seeking recognition must make an application to the employer or the appropriate authority specified in the act. The application should include details about the union, its objectives, and its membership. The act may also prescribe the format and procedure for such applications.

Section 29: Consideration of Application

Upon receiving an application for recognition, the employer or the appropriate authority is required to consider the application in good faith. They must assess whether the trade union fulfils the necessary conditions for recognition, such as having a requisite membership and representative character.

Section 30: Certification of Recognition

If the employer or the appropriate authority is satisfied that the trade union meets the requirements for recognition, they may grant a certificate of recognition to the union. The certificate serves as an official acknowledgement of the trade union's status for collective bargaining and other employment-related purposes.

Section 31: Disputes Regarding Recognition

In case of a dispute regarding recognition, the act provides for a mechanism to resolve such disputes. This mechanism may involve conciliation, arbitration, or reference to a labour court, as per the provisions specified under the Industrial Disputes Act, 1947.

Section 33: Rights and Privileges of Recognized Trade Unions

Once a trade union is recognized, it enjoys certain rights and privileges under the Trade Unions Act. These include the right to represent workers in collective bargaining, participate in industrial disputes, and engage in activities related to the promotion and protection of workers' rights.

ii) Badli Workmen

The Industrial Disputes Act, 1947 is a comprehensive legislation in India that governs various aspects of industrial relations, including the rights and protections of workers. Section 25C of the Act specifically deals with the employment of Badli workmen, providing certain safeguards and regulations for their engagement.

Key Provisions under Section 25C:

Definition: Section 25C defines a Badli workman as a temporary or substitute worker who is employed to fill in for a regular workman during their absence for any reason.

Conditions of Employment: According to Section 25C, when a Badli workman is employed to do the work of a regular workman who is absent, they shall be entitled to the same conditions of employment as applicable to the regular workman. This includes wages, allowances, and other benefits that are not less favourable than those of the regular workman.

Period of Employment: The employment of a Badli workman under Section 25C is limited to the period of absence of the regular workman they are replacing. Once the regular workman returns, the engagement of the Badli workman ceases unless there is a legitimate requirement for their continued employment.

Priority in Employment: Section 25C also provides that when a regular workman is available for employment after a period of absence, the employer must give preference to the regular workman over the Badli workman for the available work.

Termination: The engagement of a Badli workman may be terminated by the employer once the regular workman returns or if the work for which the Badli workman was engaged ceases to exist. The termination should be in accordance with the provisions of the Act and any applicable employment contracts or agreements.

Dispute Resolution:

In case of any disputes or grievances related to the engagement or conditions of employment of Badli workmen, the provisions of the Industrial Disputes Act, 1947 may be invoked for resolution. This may involve conciliation, reference to a labour court, or arbitration, as per the procedures outlined in the Act.

Section 25C of The Industrial Disputes Act, 1947 provides specific provisions for the engagement and protection of Badli workmen. It ensures that Badli workmen are entitled to the same conditions of employment as regular workmen and sets out regulations for their employment during the absence of regular workmen. Employers are required to comply with these provisions to avoid any legal liabilities and ensure fair treatment of Badli workmen.

iii) Manufacturing process

Section 2(k) of the Factories Act, 1948 provides a definition of the term "manufacturing process" within the context of the legislation. This definition is crucial in determining the application of various provisions of the Act and the regulations that govern the safety, health, and welfare of workers employed in factories.

Definition of Manufacturing Process

According to Section 2(k) of the Factories Act, 1948, the term "manufacturing process" includes any process for:

• Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery, or disposal; or
• Pumping oil, water, sewage, or any other substance; or
• Generating, transforming, or transmitting power; or
• Composing types for printing, printing by letterpress, lithography, photogravure, or other similar process or bookbinding.

Significance of the Definition

The definition of "manufacturing process" is crucial because the Factories Act, 1948 applies to establishments that engage in manufacturing processes as defined by Section 2(k). The Act imposes various obligations on factory owners or occupiers to ensure the safety, health, and welfare of workers employed in these processes.

Regulatory Implications

Registration and Licensing: Establishments engaged in manufacturing processes falling under the purview of the Act are required to obtain a license or registration, depending on the number of workers employed, under Section 6 of the Act.

Safety Provisions: The Act imposes obligations on factory owners to maintain a safe working environment, including provisions related to factory buildings, machinery, safety devices, and handling of hazardous substances used in the manufacturing process.

Health and Welfare Measures: Section 11 of the Act requires factory owners to provide facilities and measures for the health, welfare, and sanitation of workers, including provisions for ventilation, lighting, cleanliness, drinking water, and medical amenities.

Working Hours and Employment Conditions: The Act also regulates working hours, overtime, and employment conditions of workers engaged in manufacturing processes, including provisions related to weekly hours of work, rest intervals, and annual leave.

Employment of Young Persons: Specific provisions exist in the Act to protect the employment of young persons (individuals below a certain age) engaged in manufacturing processes, including restrictions on their working hours and types of work.