Samsung Workers Union plea to register as trade union: Tamil Nadu govt told to decide in 6 weeks
The judge directed the registrar to pass the order within six weeks and disposed of the petition, which was moved by P Ellan, general secretary of Samsung India Workers Union.
Striking workers of CITU-affliated Samsung Workers’ Union sitting on a protest
CHENNAI: The Madras High Court directed the State to process and pass an order to a representation made by the Samsung India Workers Union, requesting to register it as a trade union, within six weeks.
Justice D Bharatha Chakravarthy held that it is the statutory duty of the registrar of the trade union/joint commissioner of the Labour Department to pass an order to the representation made before him to register a trade union, under the Trade Unions Act, 1926.
The judge directed the registrar to pass the order within six weeks and disposed of the petition, which was moved by P Ellan, general secretary of Samsung India Workers Union.
Senior counsel NGR Prasad, appearing for the union, submitted that the formation of a trade union is a fundamental right conferred by the Constitution. If any such application is received by the registrar, he has to pass an order, and he doesn't have to pass the order after hearing the management (Samsung India Electronics), submitted the counsel. He also referred to section 7 of the Trade Unions Act and submitted that the registrar has no power other than to call for further documents from the applicant and ought to have registered the union, he added.
Appearing for Samsung India, senior counsel G Rajagopalan, objected to the usage of his client's company name in the trade union. Though every worker has the right to form a union, that right doesn't include concomitant rights of the management, he added.
While the matter was pending before the registrar to decide, the workers of our client's company held a protest illegally, alleged the senior, which seriously dented the reputation of the company, Rajagopalan submitted.
Since the trade union is affiliated to the Centre of Indian Trade Union (CITU), a trade union wing of the political party CPI(M), the Samsung management made an objection, he added.
Additional Advocate General (AAG) J Ravindran on behalf of the State submitted that the registrar has yet to pass the final order following the procedure in accordance with law. The order will be passed after hearing the objection of the management, said the AAG.
The workers of Samsung India Electronics stationed at Sriperumbudur decided to form a union under the title Samsung India Workers Union and made an application before the registrar of trade union. The application was kept in the cold storage since June 26, the union moved the petition seeking to register their union.