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Columns - Sticklish Issues
Labour cases: No place for misplaced compassion

Responses to Sticklish Issues dated October 22

The majority of cases relating to industrial disputes remain pending in courts for a long time. The labour unions are less aggressive now than in the past. There are many closed textile mills in Maharashtra and Gujarat, where workers have not received their dues even after 20 years.

It is absurd that the settlements are often based on the salary drawn in the past.

The situation is similar in other sectors as well.

While economic liberalisation has created the need for labour reforms, it should also be kept in mind that in India we do not have social security systems as in developed countries. We need an integrated and holistic view on labour reforms.

*Krithivasan, e-mail

One of the main hurdles in the implementation of the “reform” measures and enlarging the field of operation in the liberalised sectors of the economy is the flood of labour cases demanding sympathetic treatment.

After Independence, we were conscious of protecting our labour force, most of the workers being illiterate and unskilled, even in the organised sectors of the economy.

No doubt, the judiciary had to make a liberal interpretation of the laws to protect the workers from harsh management. While human resource and welfare factors are crucial, the difficulties faced by the management should also be taken into consideration.

T.S. Sundareswaran,

New Delhi

The apex court has realised that the judiciary alone can make the right impact through its rulings. The Court’s observation is highly commendable, especially when workers are resorting to strikes, even on petty issues.

R. Swaminathan, e-mail

The judgment delivered by the Supreme Court in the instant case is replete with wise saws for all the lower courts to follow. “It is essential to maintain the integrity of legal reasoning and the legitimacy of the conclusions …. and “possession of power is itself not sufficient. It has to be exercised in accordance with law.” Are those in positions of authority listening?

C.N. Mahalakshmi, Coimbatore

In a number of cases, it may be seen that the district-level labour courts and other subordinate courts deliver judgments in favour of workers. Sometimes workers resort to violent agitation and the management remains helpless. This causes loss of production and growing unrest among other workers also.

The Supreme Court’s advice in the case relating to the appeal filed against the management of the Gujarat Ambuja Cement by its dismissed employees is to be welcomed. Certainly, this will help the management to maintain discipline among the work-force.

Further, in the backdrop of its earlier August 6, 2003, judgment in T.K. Rangarajan Vs Government of Tamil Nadu and others (on the general strike by the Tamil Nadu government employees) that the employees have no constitutionally guaranteed right to strike, the recent guidelines of the Supreme Court to its subordinate judiciary gain more importance in pronouncing judgments in labour-related matters by the lower courts at the district level.

S. Nallasivan, Tirunelveli

In any labour disputes, workers are viewed with compassion because of their economic condition or as they have lost their jobs.

While deciding any cases involving labour, the decision should be taken within the rules laid down by the labour laws. The apex court is quite reasonable in its opinion.

T.R. Anandan, Coimbatore

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