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February 9, 1998

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Madras HC puts curbs on union workers' rights

In a significant judgement, the Madras high court has held that trade union members not performing their duties could not claim the same benefits as the employees who were working for the industry.

Justice R Jayasimha Babu gave the ruling while dismissing as not maintainable a petition filed by the Anna Staff Union of the Tamil Nadu Civil Supplies Corporation seeking to restrain the latter from withdrawing its concessions. The union had sought the same benefits for its office-bearers who did not attend to their work as those enjoyed by the regular workers, and sought to prevent the TNCSC from withdrawing them.

In its petition, the union also claimed that certain benefits given to other unions had been denied to it.

On behalf of the TNCSC, it was submitted that no work relief was granted to any other trade unions operating in the TNCSC.

The judge also said no right could be claimed from the employer on the ground that his workmen have become office-bearers of trade unions. He made it clear that union work was not the same as performing the duty attached to the post to which the person had been appointed. No such right was recognised under the provisions of the Industrial Disputes Act, the judge added.

Stating that the policy of the employer hitherto was clearly a misguided policy, the judge said the employer, instead of ensuring maximum production and enhanced productivity, was allowing his employees to claim benefits without doing any work.

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