The term “collective bargaining” simply means negotiation. It offers workers the opportunity to achieve industrial democracy. It is applied at different levels, from the level of crafts to the national level. In Indian industry, the collective bargaining process began in the second half of the 19th century and received legislative recognition in the first half of the 20th century. This project is based on the concept of collective bargaining in general, which focuses on scale, objectives, types, conditions, environment, theories and different levels. In addition, the relevant provisions of the Trade Union Act, the Trade Union Act, the Standing Order and the Constitution, as well as some Apex court cases, were examined to justify the legality of collective bargaining. Peace is a prerequisite for development and quarrels make precious time, effort and money pass to society. But in a realistic sense, conflict is inevitable. Trade, the economy, development work, administration, etc., all suffer from the long period of dispute resolution through traditional court proceedings.
To get out of this maze of litigation, there is another method of resolving labour disputes, namely; Collective bargaining, conciliation, mediation, arbitration, employee participation in management, salaries boards, etc. Among the latter, collective bargaining is considered the best possible method, as the parties to the dispute are themselves sitting together and resolve their disputes in a friendly and respectable manner. A series of theories – in the fields of labour relations, economics, political science, history and sociology, as well as the writings of activists, workers and labour organizations – have attempted to define and explain collective bargaining. One theory suggests that collective bargaining is a human right and therefore deserves legal protection. In June 2007, the Supreme Court of Canada audited Facilities Subsector Bargaining Assn. v. British Columbia the reasons for the adoption of collective bargaining as a human right. In this case, the Court of Justice made the following observations: the right to bargain collectively with an employer strengthens the human dignity, freedom and autonomy of workers by giving them the opportunity to influence the establishment of labour rules and thus gain some control over an important aspect of their lives, namely their work. Collective bargaining is not just a tool for pursuing external objectives… Rather, it is an experience as an experience of self-management that is valuable in itself. Collective bargaining enables workers to achieve some form of democracy in the workplace and to guarantee the rule of law in the workplace.