A Look at Collective Bargaining and Its Impact on Labour Law Legislation in India

Abstract

To get out of the maze of litigation, there are alternative techniques of industrial dispute resolution particularly; collective bargaining (CB), conciliation, mediation, arbitration, worker’s participation in management, wage forums and so on. Of a lot of these, collective bargaining is taken into consideration as the most viable approach due to the fact that here the disputants themselves take a seat collectively and remedy their differences in an amicable and respectable way. Giving CB the status of a human right which should be protected by law has actually been given serious consideration. An example of this would be Facilities Subsector Bargaining Assn. v. British Columbia wherein the Canadian SC explored this rationale and said that CB provides to workers an avenue through which they can have a say along with their employer in the rules of their place of work, which enables them to exercise a bit of control over a key area of their livelihood, thereby augmenting their self-esteem, liberty, and self-sufficiency. It isn’t just a tool to pursue externalities; rather it has intrinsic value as it provides one with autonomy. CB allows workmen to create a democratic organisational construct permits workers to achieve a form of workplace democracy which gives them a voice to maintain lawfulness at their workplace.