We are always reluctant to put any interpretation upon labour legislation that is likely to prejudice the rights or welfare of Labour. We are fully conscious of the fact that our legislature has put labour legislation on the statue book primarily for the purpose of redressing the balance between employers and employees and that we would not, unless we are compelled to do so by the clear language used by the legislature put any construction upon any provision of labour legislation which will in any way prejudicially affect their rights. - Chagla C.J.

In India there are several Acts and legislations enacted by the Government of India for regulation of industries in the country. These enactments play a very important role in the country's overall progress and economic development. These legislations are amended from time to time in accordance with the changing circumstances and environment.

This paper is on the topic "Unfair labour practises and the role of government". In this paper, we will discuss the meaning and extent of the term unfair labour practice, rules, penalties and statutes implemented by the Government of India and several State Governments regarding this issue.

Introduction
In India there are several Acts and legislations enacted by the Government of India for regulation of industries in the country. These enactments play a very important role in the country's overall progress and economic development. These legislations are amended from time to time in accordance with the changing circumstances and environment.

Another important aspect of legislation is the industrial relations, which involves various aspects of interactions between the employer and the employee; among the employees as well as between the employers. In such relations whenever there is a clash of interest, it may result in dissatisfaction for either of the parties involved and hence lead to industrial disputes or conflicts.

The Industrial Disputes Act, 1947 is the main legislation for investigation and settlement of all industrial disputes. The Act enumerates the contingencies when a strike or lock-out can be lawfully resorted to, when they can be declared illegal or unlawful, conditions for laying off, retrenching, discharging or dismissing a workman, circumstances under which an industrial unit can be closed down and several other matters related to industrial employees and employers.

In the present scenario of increasing demand for labour flexibility by employers, some practices are followed that would legally amount to unfair labour practices (ULPs). The Industrial Disputes Act 1947 has been provided against ULPs by employers, workmen and unions. It provides important legal safeguards for workers against victimisation and persecution at the hands of their employers.

Research Analysis
Unfair labour practice refers to actions which violate relevant employment legislation regarding transgression carried out on by an employer or a union. Unfair labour practice, for the first time, was defined and codified in the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

Industrial Dispute Act 1947 (amended in 1982) specifies unfair labour practices on the part of employers and on the part of employees. The fifth schedule of the act consists of a list of unfair labour practises on the part of employers and trade unions of employers and unfair labour practises on the part of workmen and trade unions of workmen. Every employer and workmen are entitled to join a trade union and participate in its lawful activities. Anyone who engages in any prohibited conduct is said to have committed an unfair labour practice.

Section 2 of the Act defines Unfair Labour Practices as "any of the practices specified under Schedule V of the act." The central governments and state governments, through different statutes and rules, have tried to reduce and eliminate these unfair trade practises.

Any unfair labour practice within its very notion must have some elements of arbitrariness and unreasonableness and if unfair labour practice is established, the same would be violating equality under Article 14 of the Constitution of India.

As per Section 25T of Industrial Dispute Act, 1947, employer or trade union of employer or any workman or trade union of workmen, whether registered under the Trade Unions Act, 1926 or not, shall not commit any unfair labour practice.As per Section 25U of Industrial Dispute Act, 1947, any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to 6 months or with fine which might extend to Rs.1000/- or with both.

The Industrial Disputes Act, 1947 is the main legislation for investigation and settlement of all industrial disputes. The Act enumerates the contingencies when a strike or lock-out can be lawfully resorted to, when they can be declared illegal or unlawful, conditions for laying off, retrenching, discharging or dismissing a workman, circumstances under which an industrial unit can be closed down and several other matters related to industrial employees and employers.

Another important aspect of legislation is the industrial relations, which involves various aspects of interactions between the employer and the employees; among the employees as well as between the employers. In such relations whenever there is a clash of interest, it may result in dissatisfaction for either of the parties involved and hence lead to industrial disputes or conflicts.

The Madhya Pradesh Industrial Relations Act, 1960 provides that no employee shall be victimised by reason of that he is an office bearer of any union or if he has taken part in any trade union activity or gone on strike which is not deemed to be illegal or appears as a witness in any proceeding. Similar provisions are mentioned in Bombay Industrial Relations Act, 1946 (BIRA).

The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTUPULPA) specifies for detailed protection against anti-union discrimination. It provides important legal safeguards for workmen against victimisation and persecution at the hands of their employers. The Act is applicable to every industry to which the BIRA and as workers under the Industrial Dispute Act. It provides for:

• recognition of trade unions which will facilitate collective bargaining,
• formalise obligation and rights of unions, declare powers on unrecognised unions,
• regulation of lockouts and strike by defining the illegality involved,
• list unfair labour practices and provides prevention for the same,
• constitution of relevant labour judiciary institutions to deal with matters arising out of the provisions of the act.

Now, let us look into two cases.

Sports Authority of India v. Labour Commissioner, Delhi Admn. (12 March 2014)
The employment of watch and ward staff, security guards or chowkidar is of perennial nature. There are regular workmen engaged by the Sports Authority of India including watchman or guards or chowkidars and the work of watch and security guards requires employment of sufficient number of full time workmen by the management of Sports Authority of India bearing the Principal Employer has been continuously resorting to unfair labour practice as defined in the Fifth Schedule of Industrial Disputes Act 1947 and also in violation of the provisions of Contract Labour (Regulations & Abolition) Act 1970 and the notice issued thereunder by engaging contract labour through contractors on the works or employment which is of a perennial nature.

General Labour Union (Red Flag) v. B. V. Chavan and Ors (16 November 1984)
The learned Judge framed an issue whether the employer's head committed an unfair labour practices by continuing and imposing a lock out. The appellant union filed two special civil applications questioning the correctness of the decision of the Industrial Court. Imposing and continuing a lock out deemed to be illegal under the IDA is an unfair labour practice.

The employer may close down industrial activity on eventualities such as suffering continuous loss, no possibility of revival of business, inability to continue the industrial activity. Therefore, the correct approach ought to be that it can be claimed that the employer is not guilty of imposing a lock out but has closed the industrial activity, the duration of the closure may also be a significant fact to determine the bona fides and intention of the employer at the time of closure. After hearing the parties, the learned Judge answered the issue in negative that lock out was not deemed to be illegal and dismissed the complaints.

Recommendations
We are always reluctant to put any interpretation upon labour legislation that is likely to prejudice the rights or welfare of Labour. We are fully conscious of the fact that our legislature has put labour legislation on the statue book primarily for the purpose of redressing the balance between employers and employees and that we would not, unless we are compelled to do so by the clear language used by the legislature put any construction upon any provision of labour legislation which will in any way prejudicially affect their rights. - Chagla C.J.

In Spite of legislating several statutes and establishing law, these unfair practises are still at large. The economically weaker labour community suffers due to this injustice and devient practises. Strict monitoring and implementation of these rules is the only solution to keep the situation in hand.The authorities should strictly enforce the rules and levy penalties for default.

Conclusion
In India, the expression 'unfair labour practices' has not always been used to define only activities which hinder the smooth functioning of collective bargaining. The expression as used in the decisions of the court and in legislation is used in a wider sense to cover unjust dismissals, promotions without merit and every form of victimisation, provides framework of employer-employee relations in India and for encouraging collective bargaining by specifying certain activities as unfair labour practices.

The need to increase the scope and access of the remedies under the central law appears to be an urgent necessity, as greater casualisation of the workforce even in the organised and formal sector and lessened role of trade unions has set the stage for an increased incidence of unfair labour practices.

Hope this paper has served its purpose and discussed the topic in detail.