THE CHANGING ROLE AND PERSPECTIVE OF TRADE UNION IN INDIA

Trade union is one of the major component of industrial relation system in India. It is an association of employees to protect their interests and rights. Protection of basic human rights, especially in developing nations forces unionization which is the instrumental in improving quality life of working class (Ghosh & Geetika, 2007). In the absence of union the employer may become too paternalistic and dictorial (Thomas, 2005). However, responsible union play significant role in maintaining cordial relationship with the management. Rapid technological change and pay revisions, undoubtedly changes the working conditions but they lost control over their employment (Ratnam, 2006). The structural change of working class and competition intensity, changed the role of trade union and at the same time the employer also become more skilled and sensitive in managing working class.

The circumstance in which Liability of doctors Arise In Case Of Medical Negligence.

Medical Negligence is simply failure to exercise due care. The three ingredients of negligence are as follows:

1. The defendant owes a duty of care to the plaintiff
2. The defendant has breached this duty of care.
3. The plaintiff has suffered an injury due to his breach.

1. Medical professionals owes a duty of care to the patients immediately when patient-doctor relationship established: It is the duty of doctor to take reasonable care of patient exactly the prudent person would do in similar circumstances. What courts expects is that medical professionals must possess reasonable and ordinary skill, not extra-ordinary skill.

2. Breach of duty/Deficiency in service: It implies gross failure to take reasonable care. It is unreasonable for the doctor to start particular treatment without getting his consent. In one of the case national consumer dispute redressal commission highlights the distinction between medical negligence and error of judgement. For the negligence of the patient, doctor is not liable.

3. As a result of medical negligence the patient must suffered damages: The patient can only sue the doctor, when negligence caused loss to him. Depending upon the degree of damages, negligence can be classified into: