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Our Legal Correspondent

Chennai April 29 Workers of industrial establishments in Tamil Nadu are not entitled to leave with wages during the local body elections held on October 13 and 15, 2006, the Madras High Court has ruled. The Constitutional provision creating the State Election Commission, which held these elections, does not contain any provision to ensure workers' right to have a holiday on such polling days.

Mr Justice K. Chandru, who heard writ petitions from TN Petroproducts Employees Union and TPL-Heavy Chemicals Division Employees Union praying for a direction to TN Petroproducts Ltd to declare the said two days as holidays as per GO dated October 4, 2006 of the State Rural Development and Panchayat Raj Department, held that the petitioner was unable to refer to any provision of law to substantiate his contention that workmen were entitled to leave on the day of a local body election as a matter of right.

The petitioner union, the Judge added, had not disclosed the number of workers who were denied their right to franchise on polling days especially when, admittedly, the third respondent (TPL) had granted 3-1/2 hours paid off to exercise franchise.

The circular dated October 11, 2006 of the Labour Commissioner communicating GO had no relevance to local body elections as a reference was made only to Section 135(B) of the Representation of People's Act and that Act could only have reference to general election or election to State legislatures and Parliament. Local body elections in TN were held by the State Election Commission, set up under Article 243K of the Constitution.

The State Panchayats Act, District Municipalities Act and Chennai City Municipal Corporation Act prescribed the procedure for conduct of these elections, and it was nowhere stated that employees in industrial establishments were entitled for full wages on days of polling.

The Judge said admittedly the Negotiable Instruments Act had no application to a private industry such as the third respondent.

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