Government Employees and Trade Unions in India

Different countries have different rules about the right of public employees to associate with trade unions or associations. In India, no legal restriction is imposed on individuals on joining public employees associations or any trade unions.  Even civil servants in India are allowed to form their own associations but they are not allowed to join or form any political party while they are in service. There are so many public employees associations in India such as All India Postal and RMS Union, All India Railwaymen's Federation and so on. These unions come under the purview of the trade union legislations.

India's oldest trade union is the All India Trade Union Congress (AITUC), which was founded in October 1920 by Lala Lajpat Rai and a few others.   Based on the  statistics provided by the Union Ministry of Labour, AITUC had a total membership of 2,677,979 in the year 2002.

Reasonable Restrictions on Formation of Associations or Trade Unions in India

The right to associate is recognized by the Indian Constitution as well. Article 19 (1) recognizes this right subject to 'reasonable restrictions.' Associations can be formed for any purposes that are legitimate. The purpose can be for economic, social, cultural or political reasons.  Once an association is formed, a copy of its aims, objectives, and constitution must be sent to the head of the department. Accordingly, a letter of recognition may be issued by the head. However, service rules need to be examined so as to check whether there is restriction on affiliation to outside bodies.

To recognize employees associations, many instructions are laid down by the government of India, a few are listed below:

• The association must consist of a distinct class of government employees.
• Every government employee of the same class should be eligible for the association's membership.
• Government reserves the right to refuse recognition to associations in which all officers are either not in active service of the government or are honorable retired officers to the same class of government employees that the association seeks to represent.

Remember, recognition is given so that the government employees can communicate their needs to the government through these associations or trade unions. If an association circumvents the process of law or ceases to represent the cause for which it was begun, the government may withdraw its recognition to the association. Therefore, the grant of recognition to any association or trade union in India will be subject to the will of the government.