Court: Standing by striking staff not participation

Court: Standing by striking staff not participation

TIMES NEWS NETWORK

Chennai:  05.01.2021

Merely standing near other employees during a strike will not amount to participation in a strike, a city labour court observed and directed a manufacturing unit in Ambattur Industrial Estate to reinstate an employee who was dismissed from work for his participation in a strike. The labour court also stated that the management did not follow procedures in domestic enquiry and held that the employee did not indulge in any misconduct.

E Kandan of Chettiyar Agaram moved the labour court against his employeran automobile parts manufacturing unit against his termination. According to his petition, he joined the company in 2010 and in April 2014, he was terminated, stating that he was a member in the labour union.

In response, the management submitted that the petitioner was deputed at another factory of them in Villivakkam and instead of reporting to work there, he was found indulging in an illegal strike in front of the Ambattur factory. The management contended that they did not terminate his services, but the petitioner stopped reporting to work.

After perusing the submissions from both sides, Jacintha Martin, Presiding officer, II additional labour court noted that the main charge of the management was that the petitioner participated in an illegal strike. To prove their point, they had played a video in the court showing the petitioner standing near the other employees who participated in the strike, the court noted.

The presiding officer pointed out that the name of the petitioner is not mentioned in the list of the partial lock out. The management has failed to establish that the petitioner participated in an illegal strike, the court observed merely standing near other employees during strike does not mean participation.