Defination and Scope of Immovable Property

LAW OF PROPERTY PROJECT
DEFINATION AND SCOPE OF

IMMOVABLE PROPERTY
A Project Submitted to
Army Institute of Law, Mohali
In Partial Fulfilment of the Requirement of the BALLB 3rd Year Course
Submitted To Submitted By
Ms. Jessica Vij Komal
Assistant Professor of Law Fifth Semester
Army Institute of Law Roll No. 1719

ACKNOWLEDGEMENT
This project would not have been possible without guidance, help and co-
operation of a number of people. I extend my gratitude to all these people
who helped me some or the other way to complete this project. I would like
to extend my sincere thanks to Jessica mam , my professor for Labour and
Industrial Laws, for providing me the opportunity to work on this project
and for her constant support. I express my deep sense of gratitude. The
uphill task of completing this project would not have been possible without
her able supervision and timely guidance.
I am immensely grateful to the library staff of Army Institute of Law for

providing me the necessary reading and reference material.
I thank the almighty, all my family and friends from the bottom of my heart
for their timely help and support. I am highly indebted to my parents who
were source of inspiration and encouragement for me.
INTRODUCTION
Meaning and Definition of Trade Union:
A trade union is an association of workers formed with the object of

improving the conditions of workers. It is formed for protecting the
interests of workers. Workers have little bargaining capacity when they are
unorganized. In fact, trade union movement began against the exploitation
of workers by certain managements under the capitalist system.
The trade union has been defined by different authors as follows:
(1) Webb:
Trade union may be defined as “a continuous association of wage earners

for the purposes of maintaining or improving the conditions of their
working lives.”
(2) Lester:
“A trade union is an association of employees designed primarily to

maintain or improve the condition of employment of its members.”
(3) Indian Trade Union Act 1926:
According to Indian Trade Union Act, 1926, “Any combination whether

temporary or permanent formed primarily for the purpose of regulating the
relations between the workmen and employers”.
It is an instrument of defence against exploitation( i.e. help in protection of

labour rights) The most common purpose of trade union association is
maintaining or improving the conditions of employment at work place such as
ensuring safety standards, right to paid leave, right to be protected on unfair
termination of employment , right to equality on working organization The trade
union through its leadership bargains with the employer on behalf of union
members and negotiates labour contracts.
TRADE UNION MOVEMENT IN INDIA

Trade union movement in our country has a century-long history. The first quarter
of the present century saw the birth of the trade union movement, but the seeds
of the movement were sown much earlier.
In the twenties, soon after the World War I, working class in our country realised
the effectiveness of labour strike as a means of obtaining concessions, higher
wages and better working conditions. Many strikes were declared consequently
and most of them were successful. This success led to the formation of several
unions.
The All India Trade Union Congress (AITUC) was set up in 1920 with the
objectives of representing worker’s interests, to co-ordinate the activities of all
labour organisations in the country, and to spread the message about the need for
union movement. Hundreds of unions came into being in big and small industries.
Their number, as well as membership, increased considerably.
A landmark in the history of labour movement was the enactment of the Trade
Unions Act 1926. The Act gave a legal status to the registered trade unions and
conferred on them and their members a measure of immunity from civil suits and
criminal presentation. Registration of union gave them respectability before
employers and the general public.
Towards the end of 1920s, there was a split in the union movement, the split being
caused by the leader’s ideological differences. The AITUC was captured by the
communists. The moderates formed a new organisation, called All India Trade
Union Federation. Ideological differences and splits had their effect on strikes
too. Majority of the strikes failed.
Unlike 1920s, the 1930s were not favourable to the trade union movement. The
presentation of the communists involved in the Meerut conspiracy case and the
failure of the Bombay textile strike of 1929 brought a lull in trade union activities.
Economic depression of the period also added to the dull phase of union
movement. Retrenchments and strikes were common, the latter being mostly
ineffective. There were further splits in the movement, but just before the World
War II some unity was achieved.
The unity was shattered during the World War II because of ideological
differences and mounting cost of living. Industrial unrest increased and the Govt,
banned strikes and lockouts invoking the Defence of India Rules. Luckily
workers realized the need for an organized movement to secure relief. This
realisation led to an increase in the number of unions.
The aftermath of independence was not good for unions. The hopes of workers
to secure better facilities and wages from the national government were not
realized. There was large scale unrest and strikes and lock outs multiplied.
The disunity in the trade union ranks was aggravated by the starting of three
central labour organisations, namely the INTUC in 1947, the Hind Mazdoor
Sabha (HMS) in 1948, and the United Trade Union Congress (UTUC) in 1949.
As years went by, more unions and central organisations came into being the
movement became deeply entrenched as of today, there are 50,000 registered
unions and most of them are affiliated to one or the other central trade union.
SALIENT FEATURES OF TRADE UNIONS
1. Association of employees: A trade union is essentially an association of
employees belonging to a particular class of employment, profession, trade
or industry. For example, there are unions for teachers, doctors, film,
artistes, weavers, mine workers and so on.
2. Voluntary Association: An employee joins the trade union out of his free
will. A person cannot be compelled to join a union.
3. Permanent Body: A trade union is usually a permanent body. Members

may come and go but the trade union remains.
4. Common Interest: The member of a trade union have certain matters of

common interest-job security, better pay and working conditions and so
on, which bring them together.
5. Collective Action: Even when an individual employee has any grievance

over certain management decisions, the matter is sorted out by the
intervention of the trade union Employees are able to initiate collective
action to solve any problem concerning any particular employee or all the
employees.
6. Rapport with the Management: The trade union seeks to improve

relations between the employees and employers. The officials of the trade
union hold talks with the members of the management concerning the
problems of the employees in order to find an amicable solution. It is thus
possible for the employees to have better rapport with the management.
OBJECTIVES
1. Ensure Security of Workers: This involves continued employment of
workers, prevent retrenchment, lay off or lock-outs. Restrict application of
“fire” or dismissal or discharge and VRS.
2. Obtain Better Economic Returns: This involves wages hike at periodic
intervals, bonus at higher rate, other admissible allowances, subsidized
canteen and transport facilities.
3. Secure Power To Influence Management: This involves workers’
participation in management, decision making, role of union in policy
decisions affecting workers, and staff members.
4. Secure Power To Influence Government: This involves influence on
government to pass labour legislation which improves working conditions,
safety, welfare, security and retirement benefits of workers and their
dependents, seek redressal of grievances as and when needed.
To conclude, I can only say that for the development of society class division
has to be necessary and it is an essential part of every country. What we can
do is reduce the faction between the two classes and trade union is one such
attempt.
JAPANESE PRACTICE
In India mode of strike is to stop working. In Japan the mode of protest is to
wear a black badge and work extra hours each day. This attracts the attention
of management to sit and discuss the problems of workers. Perhaps this speaks
of the socio- cultural values and enlightened approach of their leaders.
This is comparable to Mahatma Gandhi’s non-violent protest against the

British rule. The Japanese owners/executives feel hurt of workers’ problems
and try to solve them. The human factors are cared and loyal employees are
treated well. In India such a culture is yet to be developed. Hence workers feel
that strike is the only weapon left for them.
BIBLIOGRAPHY
1. http://www.yourarticlelibrary.com
2. https://www.mbaknol.com
3. http://www.economicsdiscussion.net
4. https://www.businessmanagementideas.com
5. Labour and Industrial Laws By S.N.Mishra

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LAW OF PROPERTY PROJECT

DEFINATION AND SCOPE OF

Army Institute of Law, Mohali

In Partial Fulfilment of the Requirement of the BALLB 3rd Year Course

Ms. Jessica Vij Komal

Assistant Professor of Law Fifth Semester

Army Institute of Law Roll No. 1719

I am immensely grateful to the library staff of Army Institute of Law for

A trade union is an association of workers formed with the object of

The trade union has been defined by different authors as follows:

Trade union may be defined as “a continuous association of wage earners

“A trade union is an association of employees designed primarily to

(3) Indian Trade Union Act 1926:

According to Indian Trade Union Act, 1926, “Any combination whether

It is an instrument of defence against exploitation( i.e. help in protection of

TRADE UNION MOVEMENT IN INDIA

3. Permanent Body: A trade union is usually a permanent body. Members

4. Common Interest: The member of a trade union have certain matters of

5. Collective Action: Even when an individual employee has any grievance

6. Rapport with the Management: The trade union seeks to improve

This is comparable to Mahatma Gandhi’s non-violent protest against the

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