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

Sunrise Textiles Ltd, Surat, is told by its HR head that labour is a subject on which both Parliament and State Legislatures can make laws, so a State may enact its own rules on trade unions and industrial disputes. Under which List of the Seventh Schedule do 'trade unions; industrial and labour disputes' fall?

Trade unions and industrial and labour disputes fall in the Concurrent List of the Seventh Schedule. Both Parliament and State Legislatures can therefore legislate on them, subject to the rule that a valid Central law prevails over inconsistent State law under Article 254.

  1. AUnion List
  2. BState List
  3. CConcurrent ListCorrect
  4. DResiduary list under Article 248

Explanation

Entry 22 (trade unions; industrial and labour disputes) and Entry 24 (welfare of labour, including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits) are in the Concurrent List. Hence both Parliament and States may legislate. The Union List option is wrong because it covers only specific matters like labour in union-controlled mines and oilfields regulation.

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