MADURAI: Deeply concerned over unchecked exploitation under the guise of ‘trade unionism’ and the absence of legislation to regulate loadmen in Tamil Nadu, the Madurai Bench of Madras High Court recently urged the state government to examine the possibility of enacting a comprehensive legislation regulating loading and unloading works across the state, to balance the rights of both workers and traders or businesses employing them.
Justice B Pugalendhi gave the direction while hearing a batch of petitions filed relating to disputes between a loadmen union in Tiruchy and some traders, with the former seeking police protection and action against the union members, and the latter requesting to ensure non-interference of police in their affairs.
The traders stated that members of the Tiruchy Mavatta Sumai Pani Thozhilalar Sangam trespass on their properties and interfere with loading and unloading works, and threaten them to engage union members for exorbitant wages. However, the union members denied the allegations and claimed that some merchants misuse courts to avoid lawful wage negotiations, and that the police, instead of referring matters to labour officers, register false cases against the workers.
The judge observed that the above issue is a recurring menace and is not an isolated grievance of a few traders, but a pervasive social problem cutting across different walks of life.
The judge pointed out that workers have a legitimate right to bargain for fair wages and they cannot forcibly prevent employers from engaging workers of their choice as the freedom is mutual, adding that the police cannot be asked to stand by in the face of lawlessness.
Pointing out that the Union Territory of Puducherry has enacted the Puducherry Loading and Unloading (Regulation of Employment and Welfare) Act, 2017, which specifically prohibits unauthorised entry, intimidation, and unfair practices, the judge said that the absence of such a statutory framework in Tamil Nadu leaves a vacuum resulting in unchecked exploitation under the guise of ‘trade unionism’ and both traders and workers are left to litigate repeatedly.
He told the state to urgently address this legislative vacuum by enacting a comprehensive legislation to balance the legitimate rights of workers with the constitutional rights of traders and businesses. He also criticised the police for granting police protection to the merchants only intermittently while complying with earlier orders and said the police are bound to ensure sustained protection as long as the threat persists.
Unchecked exploitation
The judge said that the absence of a statutory framework which specifically prohibits unauthorised entry, intimidation, and unfair practices, leaves a vacuum in Tamil Nadu resulting in unchecked exploitation under the guise of ‘trade unionism’ and both the traders and workers are left to litigate repeatedly