Can an outsider (non-employee) be present in a Employee’s Trade Union! Justice Chandru’s lighthouse with focus!
Can an outsider (non-employee) be present in a Employee’s Trade Union! Justice Chandru’s lighthouse with focus!
Source: Lawyers Collective 10 Dec 2013Moth-Eaten Debate On Outsider Presence
December 9, 2013 Amicus Curiae No comments A+ | a-
A High Court judge has chosen to tender a suggestion to the government to amend the Trade Union law to prohibit outsiders from assuming leadership in Trade Unions. It is indeed surprising that the judge has volunteered this opinion even though the central and State governments were not parties to the case. Such expressions of personal opinion with no legal value is called ‘obiter dicta’. Even so, as this is the opinion of a High Court judge, we may examine its merits.
“Madras Labour Union” was established as the first labour union inIndia. Interesting history. The administration of the Buckingham Carnatic Mill [Binny Mill, Perambur] was ruthlessly exploiting its workers. A worker had recorded a memory clip in the Union’s Souvenir, that he had to reach the Mill before sunrise and return home well after sunset, and that his son had asked his mother as to ‘who I was’. The Tamil savant and labour leader Thiru.vi.Ka (Thiru.V.Kalyana Sundaram) used to conduct night classes on ‘SanmargaSanga’ tenets. He was shocked to hear about the working conditions of Binny Mill workers, brought B.P.Wadia[an eminent Parsi lawyer] and Madame Annie Besant to Perambur, and their efforts led to the formation of Madras Labour Union.
The Mill administration filed a case in the Madras City Civil court against the workers who had struck work under the Union leadership and obtained a massive compensation amount towards damages. When it took steps to realize this amount from the Union leaders, an all-India protest erupted. Expressing his inability to pay this compensation, the union leader Chakkarai Chettiar [He was also a lawyer] rendered his statement before the High Court in the execution proceedings. This Statement would break any heart. He stated:-
“Hon’ble Judge! I am an evangelical worker for the Wesley Mission. On behalf of the Mission, each Sunday I do biblical propaganda. I am getting Rs.10/- per week, with which I am living. I have no other property or other income. I have only my clothe which I am wearing and a few spare clothes at home. If necessary, I will remove my clothe and give it to the court. But the amount of compensation ordered by you cannot be recovered from me (as I have no other means). At the same time, I cannot be stopped from working for the trade union of workers. Even if my clothes are removed in execution of a decree, I will continue to work for the trade union by wearing my loin cloth. If necessary, we will go for work stoppages to win our demands.”
It transpires that the B&C Mill management did not press for the execution of the monetary decree obtained by them in the damage suit on the condition that the union leader B.P.Wadia should leave the city of Chennai forever.
Only after the Binny Mill struggle, the colonial government enacted the Trade Unions Act in 1926. This legislation permitted outside leadership to the Unions. The Constitution of India brought into force after independence has also declared the formation of labour unions as a fundamental right. It is essential for the labour unions to have outside leadership. Many eminent lawyers such as barrister V.G.Row, Mohan Kumaramangalam, M.R.Venkatraman, R.Kuselar, K.S.Janakiraman and D.Fenn Walter had all functioned with distinction as labour union leaders and protected the rights of workers. V.V.Giri and R.Venkataraman, who were lawyers and labour union leaders, eventually occupied the distinguished office of the President of India. Even today the senior advocates N.G.R.Prasad and and V.Prakash are honorary Presidents in many labour unions and serve the cause of the labour class.
Two Commissions were established to provide advice on reforming laws concerning workers. The National Labour Commission (1969) under the chairmanship of Justice Gajendragadkar and the Second National Labour Commission(1989) under the chairmanship of Ravindra Varma rejected the idea that outsiders should be barred from the leadership of labour unions.
The amendment to the Trade Unions Act made on 9.1.2002 by the Parliament also did not accept this argument. With the labour union problems becoming increasingly complex, outside leadership is the call of the times to resolve such problems. There is no place for compromise in this matter.
As underlined by the Supreme Court in a case filed by Meerut Development Authority (2009) it is but proper that while examining cases before them the judges do not express their personal opinions, unrelated to the central issue.
It is redeeming to note that the division bench of the Madras High Court promptly admitted anappeal and granted stay of direction issued by the learned judge.
MT
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