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

Employees of Kaveri Auto Components Ltd form a union and the management refuses to recognise it, arguing that the Constitution gives no right to form unions. Which provision supports the employees' right to form the association?

Article 19(1)(c) guarantees citizens the right to form associations or unions, subject to reasonable restrictions on grounds such as public order or morality. This right to form does not itself force an employer to recognise a union. Directive Principles are not court-enforceable.

  1. AArticle 19(1)(c), subject to reasonable restrictions in the interest of public order or moralityCorrect
  2. BArticle 14, which allows unions without any restriction
  3. CArticle 43, a directive principle enforceable by courts
  4. DArticle 39(d), which compels employers to recognise every union

Explanation

Article 19(1)(c) guarantees the fundamental right to form associations or unions, subject to reasonable restrictions under Article 19(4). It does not, however, automatically compel recognition by the employer. Article 43 is a non-justiciable Directive Principle, so it is wrong.

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