Can't prevent workers from striking, Madras HC tells BMW

CHENNAI: Managements cannot prevent labourers from holding strike to express their grievance, said the Madras High Court and directed the police to initiate action against the workers of BMW India Private Limited plant at Chengalpattu, if they adopted any undemocratic way of strike against the management.

Strike is a mode to express the grievances of the workers against the attitude of the management, which is permissible if done in accordance with law, hence the BMW India Pvt Limited, cannot stop the workers from holding strike, wrote Justice G Jayachandran while disposing of the petition moved by the representative of, one of the world's largest luxury vehicle manufacturer BMW.

The judge directed the police to ensure no wrongful restraint, use of force or violation of penal provisions against the workers involved in strike.

The workers are directed not to cause any disturbance or interference to the functioning of the factory, read the judgment.

The factory management moved the High Court seeking police protection from the workers involved in the strike and evict them from the radius of500 metres around the factory.

It was submitted since the employment agreement was expired a few months ago, some of the workers and BMW India Staff and Employees Union, causing disturbance to the factory. While matter is pending for the conciliation proceedings, the union and workers issued notice to hold the strike.

Some of the employees entered into the factory premises and continued their strike by squatting in the factory premises, thereby preventing not only the production work, but also the employees willing to work, said the petitioner seeking protection.

The workers union submitted in spite of expiry of the agreement, the petitioner management was not ready to review or revisit the terms of employment. It also failed to hear the voice of the workers, hence the workers carrying out the strike, added the union.