Observing that the practice of employees sticking to a particular establishment or a company permanently does not exist any more and that changing jobs frequently has become a norm, the Madras High Court said that “unfortunately” the laws relating to employer-employee relations have not kept pace with the changing times.
Justice N. Anand Venkatesh made the observations while granting police protection to SNY Autotech, a manufacturer of automobile spare parts, at Irrungattukottai in Sriperumbudur taluk here. He also directed the Union Labour Federation, a trade union, to conduct demonstrations, in support of the ongoing strike, about 200 metres away from the factory.
The judge said that industrial strikes caused more harm to employees and society at large than to employers, against whom they were aimed at. “The larger the number of workers involved, the longer the duration of strike and more essential a commodity or service is, the more widespread will be the effects of strike,” he added.
“To weigh up the gains and losses of a strike is like weighing up the gains and losses of a warfare. On the employer’s side, the immediate losses are idle capital, loss of profits, delayed orders and loss of goodwill... while on the workers’ side there is loss of wages, contracting of debts and all the personal hardships that may be involved. “A lot of money is wasted in the efforts made by both the labour and management in projecting their respective images... The trade union funds too get exhausted... Although strikes are based on genuine grievances, they paralyse the administration partially and disturb the pace of planning and development. India can ill afford such breaks,” the judge said.
Prolonged strikes
Citing reasons for prolonged strikes, Mr. Justice Venkatesh said it was because both the employers as well as the trade unions indulged in unfair practices in collective bargaining. He pointed out that the Industrial Disputes Act of 1947 declares a strike to be illegal if it had been called during the pendency of proceedings before an industrial tribunal. However, it does not allow the employer to dismiss the employees, who resort to illegal strike, without the consent of the tribunal. On the other hand those who resort to a legal strike could be dismissed by the employer without the need to obtain the permission from any authority if they indulge in violence during the strike period and the charge is proved.
“In short, the industrial laws available in this country have become archaic and unfortunately they have not changed with the fast changing environment in the industry. The law, which does not meet the needs of the change in times and remains static, will prove to be more of a hindrance than be of any help both to the employer and the employee.
“We have already reached such a stage. Unfortunately the legislature, in spite of being aware of the situation, has not chosen to revamp the industrial laws and for reasons best known to them. We continue to cling to the outdated, obsolete and outmoded industrial laws,” the judge observed.