Madras HC directs workers can file cases on foreign sovereigns in industrial disputes

CHENNAI: The Madras High Court held that employees could file cases against foreign sovereigns as well in cases of industrial disputes, and consulates cannot escape from the labour laws of the State, and directed the Deputy High Commission of Sri Lanka to reinstate an employee terminated from service.

Petitioner T Senthilkumari joined the service of the Sri Lankan Deputy High Commission at Chennai as a typist in March 2008. Within three months, she was terminated. Later, in September of the same year, she was appointed consular assistant. On December 21, 2018, she was terminated from service without notice. Hence, she moved the central government industrial tribunal-cum labour court, challenging the termination. However, in November 2022, the labour court refused her claim.

According to the Diplomatic Relations (Vienna Convention) Act, 1972, any diplomatic agent in India should follow the obligations which the social security provisions of the receiving State impose upon employers, held Justice D Bharatha Chakravarthy while directing the Sri Lankan Deputy High Commission, Chennai.

The judge held that the termination of the employee by the consulate was unjust and directed it to provide 30 per cent of back wages to her with all other benefits within eight weeks and also set aside the central government industrial tribunal-cum labour court order rejecting the employee's claim.

The Sri Lankan Deputy High Commission submitted that since she joined as a contract employee, she is not entitled to any compensation, back wages or other benefits.

The HC refused the contention of the Sri Lankan consulate alleging she was a contract worker as she rendered her service for several years without a break and that she should be deemed as a permanent employee as per the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status on Workmen) Act, 1981, held the judge.