📢 Trade Unions in India: History, Registration, and the Shield of Immunities I. History and Evolution of the Trade Union Movement in India The history of the trade union movement in India is deeply intertwined with the industrialization phase under colonial rule and the parallel struggle for national rights. The movement arose primarily as a response to the brutal exploitation and inhumane working conditions imposed by early capitalists, where the individual worker held virtually no bargaining power. A. The Humanitarian Phase (1875–1918) In this initial period, worker protests were sporadic and largely led by social reformers rather than the workers themselves. 5 The unions formed were more akin to social welfare societies. Early Pioneers: Figures like Sorabjee Shahpurjee Bengali and N. M. Lokhande led movements seeking legislative reforms (e.g., limits on child labour and guaranteed rest days). First Union: The ...
The definition of the term "Industry" is perhaps the most significant and intensely debated concept in Indian Labour Law, as the applicability of the entire Industrial Disputes Act, 1947 (ID Act) and the associated machinery for dispute resolution hinges upon this definition. The evolution of this definition—from a narrow commercial meaning to a wide, expansive socio-economic concept—is chronicled through landmark Supreme Court judgments, culminating in the authoritative "Triple Test." I. Statutory Definition and Early Judicial Interpretation A. The Definition (Section 2(j)) The ID Act provides an initial, broad definition: "Industry means any business, trade, undertaking, manufacture, or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen ." The ambiguity in the definition lies in the wide scope of terms like "undertaking" and "service," leading to a ju...