The Hindu Business Line : Disputes on standing orders should be raised only collectively: HC

Chennai April 17 Disputes pertaining to service conditions vis-à-vis standing orders could be raised by workmen only in a collective manner, and no individual right was conferred upon them, the Madras High Court has ruled.

There was no merit in the challenge made by five employees of TN State Transport Corpn (Coimbatore) Ltd of order dated 24.5.2006 of Labour Officer, Erode, ruling that dispute under Section 2(k) of Industrial Disputes Act would have to be raised only in collective manner, Mr Justice K. Chandru held.

The petitioners contended that after various transport corporations were amalgamated and formed into State Transport Corporation, no new standing orders were framed in respect of Industrial Employment (Standing Orders) Act, 1946. They went before Labour Officer and made a complaint. The Labour Officer refused to entertain their complaint, as the petitioners were only individuals and they had not raised any dispute.

The Judge said that under Section 3 of standing orders, certification in respect of an industrial establishment and for every change of ownership or nomenclature, there could not be any new certification proceedings, as standing orders were certified only for an establishment. If the petitioners were aggrieved, Section 10(2) of ID Act provided for amendment being proposed even by individual workmen. Even otherwise, if they had a doubt about any clause of standing orders, Section 13(A) provided for reference to Labour Court.

The petitioners, instead of making their claim through the forum provided under standing orders, had come before this Court and wanted to attack existing disciplinary proceedings in a collateral fashion.

Therefore, this writ petition was dismissed, the Judge ruled.

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