Reviewing the views
Trade union relates with freedom of association
Delara Hossain
Freedom means the state of being free or liberated. Freedom can be found in different forms such as freedom in assembly, association, speech and expression and few others. Bryan Garner has defined the meaning in the dictionary which presents 'the right to join with others in a common undertaking that would be lawful if pursued individually.' This right is protected by the Constitution of the People's Republic of Bangladesh, incorporated in Article 38, which illustrates that 'every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of morality or public order.' The right of free association is closely associated with the freedom of speech and depends on the foundation of a free society.
Trade Union is one of the important associations, which plays an important role for particular organization. The word trade union means, a union composed of workers of the same or several related trades.
* According to section 2(16) of The Labour Act (40 of 2006)'trade union' means a registered trade union of workers or employers established under 'chapter 13' of the said Act and includes also 'trade union federation'.
* Prior to The Labour Act, 2006 a 'trade union' and its activities were governed by the Industrial Relation Ordinance (XXIII of 1969); section 2 of the said Act has specifically defined trade union which sates that a 'trade union' is any combination of workmen or employers formed primarily for the purpose of regulating the relations between workmen and employers, or workmen and workmen or employers and employers, or for restrictive conditions on the conduct of any trade or business and includes a federation of two or more trade unions.
* Section 3 of the said Act has stated about the activities of the trade union: a trade union has the right to set out members' activities for the welfare of their own whether they are the workers or employers, they can draft their own constitution and rules to regulate the 'trade union' but subject to some restrictions and the government may curtail such 'right' if the right is used against the 'interest of morality or public order' but the government has to undertake close scrutiny to curtail the same. Additionally, a trade union can set up relation with any 'international organization or federation of workers and employers.'
* A registered 'trade union' is always treated as a legal entity thus it can work for the workers and employee and this right shall be guaranteed by the constitution.
Albeit the Labour Act, 2006 is a newly enacted law which states several important aspects relating to the worker. Generally this new law is the compilation of several laws which not only includes the relations of workers in an industry but wages, working hours, leave, etc. Chapter XIII of the Labour Act, 2006 section 178-208 specifically deals with the provisions of the trade union. Before enactment of this Act dispute regarding this matter was dealt under the Industrial Relation Ordinance (XXIII of 1969. Some example of such disputes were dealt by the Court like hereunder:
In Friends Fisheries Corporation Ltd. and Barishal Fishing Limited v. Samudrik Matsha Sikari Jahaj Sramik Union (1996), both the petitioners obtained rule on 23.3.1992 calling upon the respondent to show cause as to why the registration of their union should not be declared to have been issued without lawful authority. The petitioners declared that the trade union of the petitioners consists of workers from 16 separate registered companies and as a result they cannot form Common Bargaining Agent and the petitioners obtained the rule in their favour and hence the present Writ Petition No. 1095 of 1992 is deceitful.
Nevertheless, both the respondents are registered companies and they have an agreement with other union such as Bangladesh Marine Fisheries Association and thus it cannot be said that the union of the petitioners consists of workers from separate and independent companies or establishments and they do not come within the mischief of dis-qualification for being members of a trade union as it has mentioned under section 7A (1)(b) of the Ordinance.
In Karnaphuli Paper Mills Sramik Karmachari Union v. Registrar of the Trade Union and others 11 BLD (HCD) 367, the fact was that the project of the Bangladesh Chemical Industries Corporation (BCIC) Kaptai, Chittagong Hill Tracts, known as Kaptai Rope Line and R.D. and B.E. project and the workers of this project had a union bearing the Registration No. 593. The BCIC amalgamated both the said project with Karnaphuli Paper Mills Limited and then made an application to the Registrar of Trade Union for approval of their changed classification and constitution on the basis of resolution dated 10.11.1987.
The Karnaphuli Paper Mills workers Union was the Collective Bargaining Agent (C.B.A.) and the tenure of it expired on 3.5.1988; so they made an application for election of C.B.A. and a notice in this behalf was served from the Registrar of the trade union to hold election which was held on 13.7.1988. The said union also filed a suit to the Labour Court under section 34 of the Industrial Relations Ordinance, 1969 to record the amendment of their constitution and change of the classification of the union and also a temporary injunction was required under Order 39 Rule 1 and 2 of the Code of Civil Procedure from issuing the Registrar of the Trade Union to the expired agent and in response to that the Registrar became the defendant of the suit from the Labour Court. The suit filed in the Labour Court, was not by C.B.A. but workers who have the right to draw up their own constitution and rules to elect their bargaining agent and so they claimed the election held on 13.7.1988 was in violation of law to the learned High Court Division and court upheld their contention.
At the conclusion, bearing in the mind the present situation of the garments workers in Bangladesh, it is emphasized that trade union should be allowed to form. Trade union is a part of freedom of association; presence of this can result in strong outcome for any in organisation and also help create good relationship between the employer and employee.
The writer is student of East West University, Department of Development Studies.
