Question

Identify the case that is related to the need for promotion and preservation of internal democracy within trade unions

• A. Jay Engineering Works Ltd. v. State of West Bengal
• B. Railway Union v. Registrar of Trade Unions
• C. ONGC Workmens Association v. State of West Bengal
• D. Hanumantha Rao v. Dy. Registrar of Trade Unions

Hint:

When studying case law, don't just memorize the final judgment. Understand the core legal principle or issue the case addresses, such as "internal democracy," "lifting the corporate veil," or "basic structure doctrine." This helps in answering application-based questions.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question seeks to identify a case law that specifically deals with the principle of 'internal democracy' within trade unions. This principle implies that a trade union should function democratically, with its leadership and decisions reflecting the genuine will of its members, rather than being controlled by a select few.
Step 2: Detailed Explanation:
In the case of ONGC Workmen's Association v. State of West Bengal (1988), the Supreme Court emphasized the importance of internal democracy for the proper functioning of a trade union. The court observed that a trade union's legitimacy and its right to represent workers depend on its democratic character. The court held that prolonged litigation over internal leadership disputes harms the interests of the workers. It stressed the need for regular elections and adherence to democratic principles in the union's constitution to ensure that the leadership is truly representative of the members' wishes. The court stated that without internal democracy, a trade union cannot be an effective bargaining agent for the workers.
Step 3: Final Answer:
The case that is directly related to the need for internal democracy within trade unions is ONGC Workmens Association v. State of West Bengal.