Unions question apex court’s comment linking aggressive unionism to industrial stagnation

Central Trade Unions, in separate statements on Friday (January 30, 2026), condemned a Supreme Court Bench’s recent observation blaming “aggressive trade unionism” for industrial stagnation. The trade unions said the right to association is a fundamental right guaranteed under Article 19(1)(c) of the Indian Constitution. “This right is regulated by the Trade Unions Act, 1926 (together with subsequent amendments), which provides for registration and legal immunity for union activities. It enables collective bargaining and representation of workers’ interests,” said Centre of Indian Trade Unions general secretary Elamaram Kareem.

The All India Trade Union Congress, firmly rejected the observation, saying it starkly exposed the “class character” in judicial reasoning that is detrimental to the ideals of socialist democracy enshrined in the Constitution. “AITUC demands that the Honourable Supreme Court withdraws these remarks,” a statement by the AITUC national council said.

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A Supreme Court bench of Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi on January 29, had said that a culture of work resistance and forceful leadership of “flag bearing” trade unions have led to the shutdown of many industrial establishments across the country. The observations were made during the hearing of a public interest litigation filed by Penn Thozhilargal Sangam and other trade unions.

Undermines role of unions

“These observations of the Supreme Court, coupled with its refusal to entertain a plea seeking minimum wages for domestic workers, are deeply concerning, profoundly disturbing, and inconsistent with the constitutional mandate of social justice, equality, and dignity of labour,” the AITUC said. “To portray trade union activity as a cause of industrial stagnation is to misread economic realities and ignore the destructive consequences of pro-corporate policies resulting in unchecked corporate concentration,” it added.

The All India Central Council of Trade Unions said the oral remarks of the Chief Justice of India against trade unions was shocking, contrary to facts, and undermines the essential role of trade unions. “It is well known that industrial closures have nothing to do with trade unions and workers’ agitations and are purely a result of mismanagement and wilful diversion of funds. On the contrary, multiple reports have found that laws are properly implemented when workers are unionised, and trade unions have a crucial role in ensuring labour protections,” the statement said.

Former general secretary of Bharatiya Mazdoor Sangh Virjesh Upadhyay said trade unions are not adversaries of development. “They are institutions rooted in the enduring Indian tradition of collective solidarity and mutual support that dates back to ancient civilisational practices of worker-guilds and associations,” he said.