LAWS(MAD)-2013-7-3

UNITED LABOUR FEDERATION Vs. GOVERNMENT OF TAMIL NADU

Decided On July 02, 2013
UNITED LABOUR FEDERATION Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The petitioner is a registered Trade Union known as 'United Labour Federation'. The 4th respondent is a company registered under 'The Indian Companies Act' and it is stated to be a subsidiary of two multinational companies viz., (i) Gates Corporation, and the other (ii) Nitta Corporation of Japan. The 4th respondent has its factory at the 'SIPCOT Industrial Estate' in Sriperumbudur. The 4th respondent is manufacturing various parts for automobiles and trucks. Earlier the workers of the 4th respondent were not members of any trade union. For the first time, about 108 workers joined the petitioner union and the same was intimated to the 4th respondent on 12.11.2012. It is alleged that this was not to the liking of the 4th respondent. Thereafter, it is alleged, the 4th respondent management started victimising the members of the petitioner union who are workers under the 4th respondent. In those circumstances, the petitioner trade union declared a strike from 05.12.2012 making certain demands.

(2.) As on 05.12.2012, the break up of the total number of employees in the respondent industry is as follows:- <FRM>JUDGEMENT_1179_TLMAD0_2013_1.html</FRM>

(3.) It is the further case of the petitioner that when things stood thus, the Deputy Superintendent of Police and the Inspector of Police started providing protection to the 4th respondent to take in outsiders who are not on the rolls of the factory in order to break the strike. It is stated that it is none of the duty of the police to aid the 4th respondent to break the strike by entering into the industrial dispute and to aid the 4th respondent to bring the outsiders who are not on the rolls of the factory to do the work of the workers who are on strike.