The modus operandi of the government is multifold that aims at its full control over the entire industrial relations in the country, both the workers’ and employers’ orgnaisations, by interfering and disrupting their independence, as far as their internal processes are concerned.

The latest example for which India was censured in the recently concluded 111th session of the ILC organized by the ILO, is about restricting their participation on the ground that some employers’ and workers’ representatives are repeatedly sent to participate in the ILC, and some over 10 to 15 times. The Credentials Committee found it an interference in their independence and internal processes where the Union Government of India has no jurisdiction.

The Credentials Committee once again considered this year that the government has interfered with the independence of the decision-making process of employers’ and workers’ organisations in contravention of its obligations under article 3(5) of the ILO constitution. Government must accept the most representative organisations’ choice regarding the persons hey nominate.

The present ruling establishment has been promoting the RSS-BJP supported Bharatiya Mazdoor Sangh (BMS) which in turn supports the BJP government at the Centre. The BJP led government pressurizes employer companies to recognize BMS as far as possible, while discourage and derecognize other trade unions on one or the other pretext. Employer companies find it expedient to act favourably on the wish of the government and their supported BMS, just to avoid industrial unrest in their establishments.

With 33.3 million memberships, the Indian National Trade Union Congress (INTUC) had emerged as the biggest trade union in the country in 2013. With 17.1 million memberships BMS was the second largest. However, the present government of India rejected this status only to favour BMS, by freezing the membership date to 2002, when BMS with 6.2 million members was the largest trade union while with 3.89 million members INTUC was the second largest.

It should be noted that in 2002, BJP was in power in New Delhi under the premiership of Atal Behari Vajpayee. Trade unions at that time objected to the verification process of membership which favoured the BMS to become the largest trade union in India. Modi government frozen the year of membership to 2002 and did not accept the membership of 2013.

All the 10 Central Trade Unions (CTUs) in the country (AICCTU, AITUC, AIUTUC, CITU, HMS, LPF, SEWA, TUCC, UTUC and INTUC) have been objecting the government decision to give BMS the largest CTU status. However, prior to 2017, INTUC was continued to be allowed to participate in the ILCs, which the government discontinued thereafter. Modi government started giving weightage to the BMS as against all the CTUs in all tripartite meetings and international delegations.

Union government defended its decision on sending BMS delegates by saying that it was the largest democratically elected workers’ organization as it had 6.2 million members as against 3.9 million members of the next largest trade union, on the basis of 2002 data, while data for 2013 is available which makes INTUC the largest trade union of India. Nominating BMS in the delegation was challenged by the 10 CTUs in the Credentials Committee, and their objection was also supported by the International Trade Union Confederation (ITUC).

Not only that the government also put restriction on other CTUs so that their chosen representatives cannot participate in the ILC. Government restricted participation of individuals to five in lifetime and not more than three consecutively, which the CTUs called unnecessary, unconstitutional, unfair, and in violation of the ILO Constitution. HMS had specifically raised the issued of such restrictions far back in July 2018, and a jointly signed objection letter was sent in the same month, but the Union Ministry of Labour and Employment said in the Credential Committee that at none of the tripartite meetings had the issue of the restrictions been raised.

The 10 CTUs said that the Ministry’s actions as undue interference in the internal functioning of the unions incompatible with their prerogative to nominate themselves any person for any national or international conference. They also objected the ongoing exclusion of INTUC since 2018, which is the largest trade union in the country as per 2013 membership, in all national and international bipartite and tripartite forums.

INTUC had raised the issue of its exclusion long back in 2018 before the Credentials Committee, that has been censuring the government for violation of their obligation and the ILO constitution, but it has been falling to deaf ears. Union Ministry of Labour and Employment has been saying that INTUC is involved in factional dispute which is in legal process, and government could not identify the appropriate group representing the INTUC.

Credentials Committee has found that the government has no jurisdiction to examine the internal dispute. Since the government does not deny the representative character of the disputing groups, it could have formed common representation from all the disputing groups which would have been in full compliance with the article 3(5) of the ILO Constitution. Government has clearly ‘interfered with the independence of the decision-making process of employers’ and workers’ organization in contravention of its obligation’, the Committee said.

Government’s attitude towards CTUs was even more clear when it got the four controversial labour codes passed in the Parliament of India in 2019 and 2020 without consulting any of them. The 10 CTUs find them to be anti-labour and pro-corporate and have been demanding their outright withdrawal, while the government has got the BMS to support the legislations though BMS leaders have been expressing reservations on some of the provisions which they also find anti-labour. No session of the Indian Labour Conference, the highest tripartite body in India for labour issues, has been called since 2015. Government wants to implement the four labour codes which PM Modi has said the much desired, long overdue, the biggest labour reform in the independent India, which the workers fear would bring their economic slavery.

Government simply does not want to hear the CTUs, which was obvious during the pre-budget consultation of 2023, when they were given only about 3 minutes each to say whatever the wanted. CTUs had no option but to boycott the very consultation.

The working conditions in India were already very bad when the COVID-19 pandemic had struck in 2020, which further exacerbated it. The world of work has been changing fast since then and the labour market seems to be against the workforce. There has been severe decent work deficit with over 90 per cent informalization, without or little social security coverage. Trade unionism is being sabotaged and facing new challenges.

It is in this backdrop social dialogues, both bipartite and tripartite, are necessary to protect the workers, especially at the time of outsourcing, informalization, and contractualization of the jobs. Job opportunities are also declining with new technologies and automation and precarious employments are on the increase. Trade union rights are thus being curtailed. Even ILO says that strong trade unionism is needed now more than ever before to ensure decent work for all, but the ruling establishment in India has been working against this advice.