Page |1

1. EXECUTIVE SUMMARY: A trade union or labor union is an organization of workers who have confederated together to achieve common goals in key areas and working conditions. According to The Bangladesh Labor Act (BLA), 2006, workers/employers, without distinction whatsoever shall have the right to form trade union for the purpose of regulating the relations between workers and employers or workers and workers or employers and employers and, subject to the constitution of the union concerned, to join trade union of their own choosing [Sec: 176, The Bangladesh Labor Act (BLA), 2006 / Sec: 3, ILO, 1969]. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates with employers. This may include the negotiation of wages, work rules, complaint procedures, rules governing hiring, firing and promotion of workers, benefits, workplace safety and policies. The agreements negotiated by the union leaders are binding on the rank and file members and the employer and in some cases on other non-member workers. These organizations may comprise individual. Three basic principles of trade union includes unity id strength, equal pay for equal work or the same job and the security of services. Though Bangladesh has been experienced the union culture for more than four decades, still numerous problems and pit falls exist as unavoidable. 2. INTRODUCTION: 2.1 ORIGIN: As an elementary requirement to fulfill the objectives of the course named Legal Environment of Business the report has been prepared for the corresponding course instructor. The report endeavors to provide a profound analysis on Trade Union Act, frame work and its legislation in Bangladesh along with the historical background through ample case studies. 2.2 OBJECTIVES: With the expansion of global business it has emerged as a real hurdle to manage the labor force by the management team. Trade unions are the only way to manage, compliant, and control the labor force. This report has mainly focused on the historical background and existing laws of trade unions at Bangladesh . At high level the key objectives of the report are: 1. To identify the historical ground of Trade Union in Bangladesh. 2. To assess the existing premises of Trade Union Act, frame work and its legislations in Bangladesh. 3. To evaluate the practice of trade unions in Bangladesh through two case studies Karnaphuli Paper Mills Sramik Karmachari Union Vs Registrar of the Trade Union and Bangladesh Anabic Shakti Commission Karmachari Union Vs The Member, Labour Appellate Tribunal, Dhaka. 2.3 SCOPE: All materials and cases, studied in the report are in the context of the trade union act, 1926 and the Bangladesh Labor Act, 2006. Any other labor or trade law except these two will be treated as

Page |2

out of scope. BLD (Bangladesh Legal Decisions) volume XI and XII have been used as direct reference here. 2.4 METHODOLOGY: All evaluation and analysis of the report have been executed with cordial assistance of Ms. Kamrun Nahar Rumi (Metropolitan Magistrate, CMM court) and Md. Badruzzaman Badal (Advocate, Supreme Court). The main theme has been initiated from an in-depth search through different articles, publications, books and web materials. BLD (Bangladesh Legal Decisions) volume XI and XXI have paved the case studies with copious references. 2.5 LIMITATIONS: Major analysis of case studies is entirely referred by external assistance. All possible insights might not be guaranteed there by. Documentations of recent or ongoing cases are not available. It left us no other option except to select cases from nineties. 3. CONTEXT: Freedom means the state of being released 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 Constitution of the People's Republic of Bangladesh (CPRB), 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 comes along with such definition that plays a crucial role in this era of industrialization. In Bangladesh, there are three-tiers of trade union levels, which are (a) basic unions at the establishment level; (b) industrial unions at the regional level; and (c) national unions. According to the Register of Trade Unions, in Bangladesh, there is a total of 32 national federations which has 6,967 unions and a membership of 21,56,307. The membership numbers widely contrasts with the claims of leaders of respective trade union. 3.1 DEFINITIOIN: Trade Union is an organization whose membership consists of workers and union leaders, united to protect and promote their common interests. The principal purposes of a labor union are to (1) negotiate wages and working condition terms, (2) regulate relations between workers (its members) and the employer, (3) take collective action to enforce the terms of collective bargaining, (4) raise new demands on behalf of its members, and (5) help settle their grievances. A trade union may be: (a) A company union that represents interests of only one company and may not have any connection with other unions. Also called house union, a company union is often a bogus one and generally illegal. (b) A general union that represents workers from several companies in the same industry. Also called industrial union, (c) A craft union that represents skilled workers in a particular field such as carpentry or welding.

Page |3

3.2 PURPOSE OF TRADE UNION: Lots of objectives are there to organize trade unions. The most common, but by no means only purpose of trade unions are maintaining or improving the conditions of employment. Over the last three hundred years, many trade unions have developed into a number of forms, influenced by differing political and economic regimes. The immediate objectives and activities of trade unions include protection and promotion of the interests of their members. Although in recent times the rate of unionization has increased in the RMG sector, trade union affiliation is low in Bangladesh compared to many other developing countries. The main reasons for this are the fall in employment in previously highly organized sectors, rise of the service sector and increasing flexible types of employment relationships. In addition, from the workers point of view three important objectives of trade union today are as follows: 1. To defend or improve the wages and working conditions of worker and to bring about a change in the economic order. 2. To strengthen their (labor) bargaining power collectively to establish and achieve all the rights. 3. To dully protect all other interest of the workers. And from the managements point of view the objectives as written: 1. To reduce the number of negotiation. 2. To specify work rules, disagreements and grievances to give the better solution to workers claim. 3. To establish the efficient communication between the employers and management to enforce the predictable standards. 4. To enhance the overall organizational effectiveness. 3.3 PRINCIPLES OF TRADE UNION: Every organization runs under some principles. On the basis of these principles workers, employees and organization are conducted. On this way trade union has some principles which principles they follows. These principles are as follows: 1. Unity is strength: The main principle of trade union is unity is strength. Without unity, workers cannot discuss about their problem with management which can solve the management of this organization. Because, Management would not like to discuss with one worker without any group of worker. 2. Equal pay for equal work or the same job: Every worker hope that he or she will get reasonable salary or wages for his works at the same job. But sometime management does unfair practice. The management does not pay equal wages for equal works. 3. Security of services: Employees feel insecure about their risky job in the factory. Only one source of living is wages of workers. As a result, the worker fare loses the job. Only powerful trade union can ensure permanent job security and safely work place by bargaining with management.

Page |4

3.4 HISTORY OF TRADE UNION: At First, the trade union was established in United Kingdom. The activities of trade union were found in United Kingdom. From the beginning of 19th century, movement of trade union was found in many countries in the world. But they had no unity like present time. After the historical revolution, the trade union commotion has gotten popularly. Huge number of industry was established in the world that time. As a result, owner and labors were increased. They were divided into two groups, one is owner group and another is labor group. Labor group tried hard and soul for establishing their rights. As a result, law was passed in many countries in favor of trade union. In 1836 the trade union commotion was found in Brussels, which is treated as International movement of trade union.

4. TRADE UNION IN BANGLADESH: 4.1 FORMATION AND REGISTRATION OF TRADE UNION IN BANGLADESH: According to industrial ordinance of 1969, trade union is bound to register. To apply for registration, require some papers with information. These are mentioned bellow1) Application for registration: To submit any application for registration of trade union require one application with signature of president and secretary of that trade union. 2) Required conditions for application: Every application has to submit to the register for registration of trade union and bellows information will be included with application. a) Name of the trade union and address. b) Date of formation of trade union. c) Name, age, address, occupation of the officials. d) Description of all salary payee employees. e) Name of the branch, union and their registration number in case of federation. 3) General conditions for registration of trade union: If, when the trade union is formed and bellows information are not included in the constitution than the trade union will not capable to register. a) Name of trade union and address. b) Objectives of trade union. c) Conditions for using general fund of the trade union. d) Name of the convener committee and their method of election. e) List of the members. f) Constitution of trade union and the procedure of correction and the procedure to cancel. g) Procedure to be member of trade union.

Page |5

4) Registration: After getting all papers of pre conditions, the register can include as registry in certain registration paper and within 60 days register provide registration certificate. No trade union action can be taken prior to registration. 4.2 FEATURES OF TRADE UNION IN BANGLADESH: Bangladesh is an agricultural country and also developing country. So here worker are available working in the various industry. As a result many trade unions are established. Trade unions of Bangladesh contain following features: Leaders and members of the trade union are not well educated. Trade union plays a great role in the movement of democracy. Most of the trade unions are financially weak. Maximum trade unions are interconnecting with political parties. Effective, efficient, honest leaders are absent in trade union. Leaders of trade unions are self oriented. Discriminatory behavior is observed in the trade unions. 4.3 WHY DO WORKERS JOIN A TRADE UNION: In Bangladesh, workers join the trade union on the basis of this principles Unity is strength. And another reason is describe bellow: Getting proper wages: The main reason of joining the trade is gotten proper wages from the management. As a result, they get economic security. To restrain management: Sometimes the management takes action which is irrational, illogical, discriminatory or prejudicial to the interests of labor. That time trade union takes initiative to restrain management. To secure end of the job: After ending the job, illness, accident, disability, unemployment and old age to secure or protect their life by getting something from management. To communicate with management: To communicate their views, aims, ideas, feelings, and frustrations to the management. Recognition of work: Every worker want to get recognition of their work and these recognition are promotion, economic facilities etc. Establishment of cordial labor management relationship: By trade union worker can maintain cordial relationship between worker and management. As a result, they can solve their problem willingly.

Page |6

4.4 PRESENT CONDITION OF TRADE UNION IN BANGLADESH: In comparison with the total labor force in the country, the number of trade union members is very small. From 1,160 trade unions with a membership of 450,606 in 1971 trade unions had risen to 6,835 with a membership of 1,904,567 in 2004. The average membership of trade unions has declined significantly. Trade union density is 1.12 per cent of the total labor force. The presence of trade unions in the private export-oriented sectors such as RMG, EPZs, shrimp exporting firms, finished leather and leather goods is very weak. For instance, although there are more than 40 unions representing garments workers, the level of unionization among workers is very poor. Most trade unions in the RMG sector operate outside the factories and therefore lack active participation of the general workers. A combination of factors such as lack of enforcement of labor laws, inhibiting legal provisions, and system of contract labor are responsible for reduced trade union membership in these sectors. The workers belonging to government sectors, educational institutions, health sector, private security services, confidential staffs, workers in security printing press, ordinance factory, are still deprived from the right to organize and do not have the freedom of collective bargaining. Trade unionism in sectors such as nursing or rural electrification is banned. Government and private owners also discourage trade unions in cement factories, re-rolling mills etc. Furthermore, trade union leaders and members are frequently intimidated and harassed by employers and security forces. Total number of Number of unions Number of members unions/federations included 32 1,264 1,263,665 National federation 108 721 640,221 Industrial federation 15 80 50,149 Garments federation 5,242 2,069,614 Basic union Table - 1 Total number of registered trade unions in Bangladesh up to June, 2007 In Bangladesh trade union does not go forward for some difficulties. The environment which is need for establishing an effective trade union is not available in Bangladesh for this bad labor management relation system are liable. Better labor management relation system creates discipline among the members. The effect and effort of trade union is very weak in our country. The main cause behind weak trade union action in Bangladesh is bad labor and management relation system. Management and labors stands against each other, if the labor management relation goes wrong. In Bangladesh each and every trade union is established with the help of political parties. Internal conflict is another problem of trade union. They have contradiction among them. The trade union is divided into many groups. So, the trade union commotion is failed. In Bangladesh one trade union stands against another one. This clash does a great obstacle to the labor commotion. The labors who are engaged in trade union are not well educated. The labors who are engaged in trade union are not efficient and effective. The trade union of Bangladesh is financially very weak. Workers join in a trade union to protect their economic hazards and other problems, but todays trade union is deviated from their principles and involved into destructive activities. So the government should take initiatives to stop the unethical and unlawful activities of trade union.

Page |7

4.5 LIMITATIONS: Bangladesh is still known as a third world country. Though it is a poor developing country, in this country Trade Unions have a lot of unavoidable problems. Some of those are discussed below: 1. Lack of consciousness: The major numbers of members of trade union are not actually completely aware about their legal rights and duties. That is the reason they do not know the favorable characteristics of trade unions. That is why in Bangladesh trade unions are not strong enough to complete the need of the economy. 2. Lack of Unity: Trade union is actually a unity of the labor force for assuring their need. But in Bangladesh trade unions are separated for political influence. It is a shock that only for difference in political view, every industry has at least three major parts of a single union. 3. Lack of knowledge: In our country the level of workers is not properly educated. They do not have enough knowledge about their rights and duties. In this case trade union could be helpful very much to develop workers KSA, but the whole level of workers is lack in knowledge. That is why they do not feel the need or contribution of trade unions; again trade unions are banged here. 4. Political influence: The most powerful and deep affecting barrier for the growth of trade union of Bangladesh is its political environment. Most of the trade unions of Bangladesh are not free from the political influence. Political leaders use the trade unions for illegal purposes. For this the actual environment of trade union is not seen in Bangladesh. In Bangladesh, trade unions work a part of political parties not as a free right saving association. 5. Division of trade union: Bangladesh is a country where every organization has more trade unions in name only. Those unions are driven by the political leaders of various political parties. So a huge verity of problem arises in the organizations. The overall productivity got down. Moreover trade union cannot play its role perfectly. That is why disputes are created and more division is created under different political wings. 5. LEGISLATION REGARDING TO TRADE UNION IN BANGLADESH: Immediately after its independence in 1971, Bangladesh adopted labor laws and policies that prevailed during colonial era and the Pakistani period. However, the new government of Bangladesh declared a labor policy in 1972, which recommended reduction of trade union activities in welfare organizations. The right to strike and collective bargaining in the nationalized industries was prohibited for six months by Presidential order no. 55 in May 1972. In 1973, the right to strike and lockout, as granted by IRO, 1969 was withdrawn. Meanwhile the

Page |8

Emergency Power Ordinance, 1974 was promulgated and the rules formulated under the Ordinance completely suspended the democratic rights of workers by prohibiting trade union activities such as strikes, lock-outs, collective bargaining. The military regime of 1975 imposed restrictions on the rights of collective bargaining and striking through Industrial Relations (Regulation) Ordinance (IR(R) O), 1975. The Industrial Relations (Amendment) Ordinance (IR (A) O), 1977 liberalized the Rights of Freedom of Association to some extent. Another improvement took place through adoption of the Labour Policy of 1980, which restored the right to freedom of association to a considerable extent. The situation worsened again with the imposition of martial law in 1982 when the military regime proclaimed the Industrial Relations (Regulation) Ordinance 1982 by which the government suspended trade union activities, strikes, and right of freedom of association. The scenario improved in 1990 with the fall of the military regime and full trade union activities were restored by the democratic government in 1991. The period between 2001 and 2006 saw great achievements, with a huge consultation process on labor law reform to enact an updated, consolidated and unified version of labor laws. These began to be implemented in October 2006. After proclamation of Emergency on 11 January 2007, political and trade union activities, including rallies and demonstrations were again banned. During the Emergency that lasted 23 months, trade unions and collective bargaining were prohibited and the determination of collective bargaining agent could not be made. Thus, frequent interference by government and military regimes on different occasions has curtailed the development of a healthy and congenial atmosphere of industrial relations system in Bangladesh. 6. LEGAL FRAME WORK OF TRADE UNION IN BANGLADESH: The Constitution of Bangladesh provides the basic legal foundation for formation of organizations by workers and employers. The main statutory framework for such organizations is the Bangladesh Labour Act 2006. The Act recognizes both right of workers to join trade unions and the right of employers to join associations. Section 176 of the Bangladesh Labour Act 2006 provides that every worker has the right to constitute a trade union and to join an association of their choosing. However, the Act does not cover home workers, EPZs, and agricultural workers. Besides legal restrictions, administrative manipulations, especially in private industries and informal sectors, prevent the workers from enjoying the right to be organized. In order to be registered, a trade union must have a minimum membership of 30 per cent of the total number of workers employed in any establishment43 or group of establishments in which it is formed. As we saw in the previous chapter, the Committee of Experts under the ILO Convention 98 has asked the Government to lower this percentage since it may impede the development of free and voluntary trade unions.44 Moreover, the Act does not provide for protection against acts of interference with trade unions. The Committee notes that while section 195 of the Bangladesh Labor Act 2006, which replaced the IRO, introduced certain improvements compared to the previous legislation, it does not explicitly authorize an employer to require that a person appointed to managerial posts cease to be a member or officer of a trade union and does not allow transfer of the president, general secretary, organizing secretary of any registered trade union without their consent. However, this provision does not prohibit acts of interference designed to promote the establishment of

Page |9

workers organizations by financial or other means, with the object of placing them under the control of employers or their organizations. According to section 183 of the Act, a group of establishments shall be deemed to be one establishment for the purpose e of formation of trade union. As a requirement of formation of trade union, the Act prescribes election of officers by the general body of trade union and provides that the term of office shall not exceed two years upon his election or re-election. The Act also allows trade union in civil aviation sector but in terms of percentage of workers for formation of trade union, it requires that half of the total number of workers should apply for trade union. Section 176(c) of the Act provides that trade unions shall have the right to establish and join federations and any such union or federation shall have the right to affiliate with international organizations and confederations of workers organization. 7. CASE STUDY - 1: Karnaphuli Paper Mills Sramik Karmachari Union v. Registrar of the Trade Union and others 11 BLD (HCD) 367 The Bangladesh Chemical Industries Corporation (BCIC) had a project at Kaptai Chittagong Hill Tracts; know n as kaptai Rope Line and R.D and B.E. project. The workers working in the said project had a Trade Union named as Kaptai Rope and R.D and B.E. project Union bearing Registration No. 593. The Bangladesh Chemical Industries Corporation by its order dated 7.10.1987 merged the said project with Karnaphuli Paper Mills Limited. Karnaphuli Paper Mills Sramik Karmachari Union formaerly Kaptai Rope Line and R.D. and B.E. project Workers Union bearing Registration No. 593made an application to the Registrar of Trade Union,Ex-officio Joint Director of Labor, Chittagong Division, for approval of their changed nomenclature and constitution on the basis of resolutions dated 10.11.1987 and 8.4.1988. At that time the Karnaphuli Paper Mills Workers Union was the Collective Bargaining Agent (C. B.A) of the Workers of the Karnaphuli Paper Mills Limited. The tenure of the office of the said Collective Bargaining Agent expired on 20.4.1988. On 3.5.1988 Karnaphuli Paper Mills Employees Union applied to the Registrar of Trade Union for holding election of Collective Bargaining Agent. On receipt of the said application the Registrar of Trade Union fixed 13.7.1988 as the date for holding election of Collective Bargaining Agent servicing on 5.7.1988. Karnaphuli Paper Mills Sramik Karmachari Unions brought a petiotion before the Labour Court, I.R.O. Case No. 43 of 1988, under section 34of the Industrial Relations Ordinance, 1969, for direction to the registrar to record the amendment of the constitution and change of nomenclature of Karnaphuli Paper Mills Sramik Karmachari Union. The Labour Court accordingly gave the direction. The Registrar of A Trade union held election on 13.7.1988, although the Karnaphuli Paper Mills Sramik Karmachari Union filed a suit, being Other Suit No. 68 of 1988 on 12.7.1988 and also an application for temporary injunction under Order 39 rules 1and 2 of the Code of Civil Procedure and the Court directed the Registrar of Trade Union by order dated 12.7.1988 to show cause within three days from the date of the receipt of the notice against the order of injunction with a simultaneous order of ad-interim injunction stating that the election had already taken place on 13.7.1988. The plaintiff then filed an application under Order 6 rule 17 of the Code of Civil Procedure for amendment of the palint. It was rejected on 1.8.1988. The date of

P a g e | 10

hearing of the injunction was fixed on 3.8.1988. On that date the plaintiff filed another application for amendment of plaint under Order 6 rule 17 of the Code of Civil Procedure for addition of a prayer for declaration that the alleged election held in violation of the Courts order was void and of no legal effect. The Assistant judge rejected this petition also. On the same date i.e. 3.8.1988 the plaintiff filed and application for temporary injunction under order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure for restraining the defendant No. 1, Registrar of Trade Union, from issuing Certificate in form L to the defendant No. 3, alleged Collective Bargaining Agent, on the basis of the election held on 13.7.1988. The learned Assistant Judge rejected the said application. The plaintiff then preferred Misc. Appeal No. 296 of 1988 before the District Judge, Chittagong challenging the order of the Assistant Judge. The plaintiff also filed an application under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure before the District Judge for an order of temporary injunction against the Registrar of Trade Union restraining him from issuing certificate in form L under Rule 18 (4) of the Industrial Relations Ordinance to the defendant No. 3 from taking charge and acting as Collective Bargaining Agent pending disposal of the appeal. The learned District Judge passed an order directing maintenance of status quo and also issued a notice to show cause why injunction as prayed for by the appellant should not be granted . The appeal was transferred to the Subordinate Judge, Second Commercial Court, Chittagong, for disposal. The learned Subordinate Judge dismissed the plaintiffs appeal holding that the suit was not maintained in a civil Court and the Labour Court was appropriate Court to adjudicate the matter involved in the suit. Being aggrieved the plaintiffs have obtained this rule. The appeal was transferred to the Subordinate Judge, Second Commercial Cour, Chittagong, for disposal. The learned Subordinate Judge dismissed the plaintiffs appeal holding that the suit was not maintained in a civil Court and the Labour Court was appropriate Court to adjudicate the matter involved in the suit. Being aggrieved the plaintiffs have obtained this Rule. The decision in this Rule turns upon the only question whether civil Court has jurisdiction to entertain the dispute in question. When question of jurisdiction of the civil Court arises, one has to consider both Sections 9 and 4 of the Code of Civil Procedure. Nder Section 9of the Code, the Civil Court shall have jurisdiction to try all suits of civil nature excepting suits of t which the cognizance is ether expressly or impliedly barred. Section 18 of the Industrial Relations Ordinance is the only section for barring civil suits. It is to the following effect: 18. Immunity from civil suit in certain cases No suit or other legal proceedings shall be maintainable in any civil court against any registered trade upon or collective bargaining agent or any officer or member thereof in respect of any action done in contemplation or furtherance of an industrial dispute to which the trade union is a party on the ground only that such act induces some other person to break a contract of employment or that it is an interference with the trade, that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labor as hi wills A trade union shall not be liable in any suit or other/legal proceedings in any civil court in respect of any tortuous act done in contemplation or furtherance of an industrial dispute by an agent of the trade union if it is proved that such person acted without the knowledge of, or contrary to express instruction given by the executive of the trade union.

P a g e | 11

It is palpable clear that section 18 of the Industrial Relations Ordinance has not even a remote connection with the present case which is an action by one Trade Union against being debarred from contesting the election of Collective Bargaining Agent. Section 35 of the Industrial Relations Ordinance gives the Labour Court a forum for settling disputes within Industrial Relations Ordinance. Sub-section 5 of section 35 which speaks about the jurisdiction of the Labor Court is as follows: A Labor Court shall - Adjudicate and determine an industrial dispute which has been referred to or brought before it under the Ordinance. Exercise and perform such others powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance. Industrial dispute has been defined in Section 2. Sub-section XIII as follows: Industrial dispute means any dispute or difference between employers and employees or between employers and workmen or between workman and workman which is connected with the employment or non-employment or the terms of employment or the conditions of any person. The facts of the case don not bring the instant dispute within the definition of industrial dispute. According to section 43, an industrial dispute cannot also be raised by anyone except a Collective Bargaining Agent. The section 43 reads as follows: No industrial dispute shall be deemed to exist unless it has been raised in the prescribed manner by a collective bargaining agent or an employer. Section 34 is as follows: Any collective bargaining agent or any employer or workman may apply to the Labor Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement. In other words, none but the Collective Bargaining Agent or any employer or workman individually can apply to the Labour Court under section 34 of the Industrial Relations Ordinance. In the case the plaintiff was none of them. It was only a registered trade union. Therefore, it is seen that the Labour Court established under section 35 has no jurisdiction to try a dispute like the present one. It was only a registered trade union. Therefore, it is seen that the Labour Court established under section 35 has no jurisdiction to try a dispute like the present one. The plaintiff, a trade Union, has sought to enforce his right to contest the election for Collective Bargaining Agent upon the allegation that he has been excluded from the election by the machination of the Registrar of Trade Union and other two Trade Unions. It is true that the plaintiff had made an applicaiotn under section 34 to the Labour Court for directing the Registrar of Trade Union to note the change of nomenclature and amendment of the constitution. The plaintiff not being a Collective Bargaining Agent should not have approached the Labour Court at all. But the conduct of the plaintiff will not preclude him from establishing his rights in the Civil Court to contest the election under Industrial Relations Ordinance. Right to contest the election has vested in the plaintiff in accordance with section 3, sub-section (c), of the Ordinance. According this section Trade Unions and employers associations shall have the right to draw up their constitutions and rules, to elect their representative in full freedom, to organize their administration and activities and to formulate their programs. Thus the rule was made absolute in the case without any order as to costs.

P a g e | 12

8. CASE STUDY 2: Bangladesh Anabic Shakti Commission Karmachari Union Vs The Member, Labour Appellate Tribunal, Dhaka and others BLD21 (HCD) 274. The facts relevant for disposal of the rule are that the petitioner union got its registration as Trade Union having registration No. 1546 issued by the Registrar of Trade Union on 2.1.1971 and that after emergence of Bangladesh the union has been functioning under the Bangladesh Atomic Energy Commission set up under P.O. 15 of 1973 and that on 24.4.93 the Registrar of Trade Union (Respondent No. 3) filed Industrial Relations Ordinance, 1969, hereinafter referred to as Ordinance, in the First Labour Court (Respondent No. 2) praying for permission to cancel the registration of the petitioner union and that the petitioner union contested the case by filing written statement contending, inter alia, that the case is not maintainable and the petitioner union has been functioning complying with all formalities and that there is no legal bar, either under the Ordinance or any other law, for formation of any trade union with the employees of respondent No. 4, Bangladesh Atomic Energy Commission, and that the Ministry of Manpower by its memo dated 19.7.89 and the Ministry of Education, Science and Technology Department by its Memo dated 10.8.89 gave no objection to the functioning of the petitioner union; and that there was no application filed on behalf of the union for cancellation of the registration and that the members of the petitioner union are not engaged in the training and research work; and yet the Respondent No. 2by its judgment and order dated 26.7.94 gave permission for cancelling the registration of the petitionunion holding that the Atomic Energy Commission is not a profit making concern and not being the industry, do not come under the purview of the Ordinance, and that on the basis of such permission of the Labour Court, the Respondent No. 3, cancelled the registration of the petitioner union by the impugned memo dated 15.8.94. Being aggrieved the petitioner filed an appeal being Appeal No. 33 of 1994 under Section 11(1) of the Ordinance before the Respondent No. 1, which was heard and disposed of by the judgment and order dated 28.6.95 dismissing the appeal observing ,amongst others, that the respondent No. 4 don not carry any trade or business in the form manufacture, calling, service employment and occupation to attract the ingredients of trade and business as understood under the provision of the Ordinance and that the definition of industry, worker and workman as defined in the Ordinance do not attract the respondent No. 2 or its employees. The appellate tribunal in disposing of the appeal considered the decisions in the case reported in A. I.R 1975 (SC) 2023 and A.I.R. 1970 (SC) 1407 and the judgment dated 13.7.77 passed by the Supreme Court of Bangladesh, High Court Division, in Writ Petition No. 624 of 1974, disposed of along with Writ Petition Nos. 525 of 1974, 102 of 1974 and 306 of 1974m known as Cholera Research Laboratory case. It has been alleged by the petitioner that the respondent No. 1 failed to consider the fact that the respondent No. 4 is engaged in commercial and business activities earning income and profits as evidenced by the book-let titled A Guide to Scientific And Technical Services Offered To outside Organizations published by the Respondent No. 4 and that as the Respondent No. 4 Commission is involved in the Commercial and business activities and is earning income and profits, the employees of the Respondent No.

P a g e | 13

4, who are members of the petitioner union comes under the purview of the Ordinance as worker and workman and that no reason or ground arose to attract the provisions of section 10 (1) of the said Ordinance, calling for taking steps under section 10(2) of the Ordinance for cancellation of the registration of the petitioner union and that the Respondent No. 1 did not consider the principles laid down in the decision reported in A.I.R. 1970 (SC) 1407 and A.I.R 1973 (SC) 2032; and that in view of the clearance given by the Ministry of Labour and Manpower vide memo dated 19.7.1989 and by the Ministry of Education, Ordinance Technology Division vide memo dated 10.8.98 by the Respondent No. 4 vide memo dated 27.8.89 there is no cause of action for initiating a proceeding for cancellation of the registration of the petitioner union.

9. CONCLUDING REMARKS: In order to rip the benefit of trade union in Bangladesh political involvement must be reduced. A trade union without the control of politics only can be the way of all solution of the problems of management and worker. Trade unions function should be increased and widened throughout the organization. It will help workers to work voluntarily for organizational growth.

BIBLIOGRAPHY: Bangladesh Legal decision (BLD) Volume XXI, Bangladesh Bar Council Dhaka. Bangladesh Legal decision (BLD) Volume XI, Bangladesh Bar Council Dhaka. History of British Trade Unionism by Henry Pelling. Trade Union Growth and Decline by Walter Galenson. Bangladesh Institute of Labor studies BILS, http://www.bils-bd.org/main.html.