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CS Professional · Labour Laws and Practice · Constitution and Labour Laws

Employees of Bharat Components Pvt. Ltd. form a union, and the management dismisses the office bearers for doing so. The workers contend that the right to form a union is a fundamental right. Which statement is correct?

The right to form unions is a fundamental right under Article 19(1)(c) for citizens, but it is subject to reasonable restrictions. Courts have held that it does not include a guaranteed right to strike or to compulsory recognition by the employer, and it covers private workers too.

  1. AArticle 19(1)(c) gives citizens the right to form associations or unions, but it is subject to reasonable restrictions and does not include a guaranteed right to strike or to recognitionCorrect
  2. BArticle 19(1)(c) gives an absolute right to form unions, a right to strike and a right to compulsory recognition by the employer
  3. CArticle 19(1)(c) applies only to government employees and not to private sector workers
  4. DArticle 19(1)(c) gives the right to form unions only to non-citizens

Explanation

Article 19(1)(c) gives citizens the right to form associations or unions, subject to reasonable restrictions under Article 19(4). Courts have held that it does not carry a fundamental right to strike or to compulsory recognition by the employer. It is not limited to government staff.

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