Welcome Ruling

LETTERS TO THE EDITOR

The Supreme Court judgment affirming that government agencies and corporations that are engaged in commercial activities and are not performing sovereign function would be treated as industries for the purpose of the Industrial Disputes Act, is to be welcomed for it gives protection for casual staff (February 25). Generally, in some of the offices, the practice is to terminate the services of the temporary employees at the end of three months and to re-appoint them after a break of one or two days. And in this process the employee may continue for years.

Similarly, in some private schools there is a practice of relieving the teachers at the end of the academic year and then again re-appointing them on the re-opening of schools. Such unfair labour practices should come to an end.

In this context, the recent Kerala high court judgement with regard to individual right of the workmen is significant. It observed that with the introduction of Section 2-A of the Industrial Disputes Act the right of the individual workman is recognised and the union did not have the authority to enter into settlement regarding his individual grievances without his consent and specific authority.

The court had made these observations while allowing the writ petitions filed by Mr Ajeeth and Mr Joseph, dismissed workers at the ammonium sulphate plant of FACT, challenging the Alappuzha Industrial Tribunal Award upholding their dismissal from service.