Court comes to rescue of 249 sacked Pricol workers

Observing that pendency of industrial dispute for many years in the legal fora, helps the management to wear the workmen down, the Madras High Court on Wednesday came to the rescue of 249 workers part of Kovai Mavatta Pricol Thozhilalar Otrumai Sangam by staying the dismissal order till a final decision is taken by the State represented by its Secretary, Labour and Employment and the Commissioner of Labour.

Justice V Parthiban on noting that remaining mute witness to such monstrous action initiated by the management dismissing 294 workmen at one stroke will only lead to destitution of constitutional principles and abdication of constitutional responsibility, said “The dispute of this nature in the protracted litigious course invariably push the weaker party i.e. the workmen to the precipice of despair and helplessness, notwithstanding safeguards provided under the industrial laws.”

Based on this, the judge directed Pricol Limited, to treat 294 workmen as employees of their Coimbatore Unit as before. He also directed the Conciliation Officer to complete the process of conciliation and in case of failure refer the dispute for adjudication under Section 10(1) and pass appropriate orders under Section 10(B) of the Industrial Disputes Act.

The direction of this Court shall be complied with by the Conciliation Officer within eight weeks from the date of receipt of a copy of this order and in case of reference of dispute for adjudication, both the Secretary and the Labour Commissioner are directed to pass final orders within four weeks, the judge added.

As per the case, there was a spate of disputes between the management and workers from 2007 to 2011. At one stage, it was decided to resolve all the pending issues amicably and the petitioner Union was formed on amalgamation of two other erstwhile Unions.

Thereafter, another dispute arose in 2018, with the company announcing a partial lockout for 144 workers, which was resolved. But when the workers returned to work from December 3, 2018 they were in a shock as 302 workers were transferred to Andhra Pradesh, Maharashtra and Uttarkand. 

Conciliation talks were held on November 29, 2018. But even as the en masse transfer was pending conciliation, the management on February 11, 2019 dismissed 294 workmen.