The practice of collective bargaining is vital for Industrial Democracy in India. The 2nd National Labour Commission has suggested that Collective Bargaining ought to happen at the enterprise level. Article 19(1)(c) of the Indian Constitution protects the interest of the Association and Union. This process has been accepted as an essential part of industrial relations in the majority of industrialized nations. However, in this era of globalization and privatization, the employer can hire or fire. They hold more bargaining power than the trade union and are always in a position to dominate the workmen. Collective Bargaining in Tea gardens decides the daily wages and kind benefits as workers’ basic living needs were satisfied through Tripartite meetings where the representations were made by workers, employers and the Government side. Despite frequent demand for minimum wages by Tea Garden labours, it has not been fulfilled as a result wages and other benefits to Tea Garden labours were decided by the Tripartite meeting. The Trade Union’s representation must be strong and bias-free to make this bargaining process successful. The relationship between management and labours is important for Industrial peace and for the smooth functioning of the Tea Garden without any lockouts and strikes. But the politicization of Trade unions has further deteriorated the situation leading to the possibility of frequent shutting down of Tea Gardens. According to the Employers Federation of India, Survey (1963) Industry-wise bargaining happens in the Plantation and Textile Industries. The paper shall delve into issues of collective bargaining in Tea Gardens and challenges before the Trade Union in making a successful demand before management. Further, the paper looks into the measures adopted by the government to mitigate the issues of Tea Garden labours and the legal machinery adopted in India to combat the same.
