Denial of entry into the union office to its members will amount to denial of the fundamental right guaranteed under Article 19(1)(a) to (c) of the Constitution and the statutory rights under the Trade Unions Act, the Madras High Court has ruled.
Justice D Hariparanthaman gave the ruling as a ‘Gift to the workmen’ on Wednesday while disposing of a writ petition from P Anburajaraman, vice-president of TN Petroproducts Limited Heavy Chemicals Division Employees Union, who was suspended from service.
Rejecting the contention of the Management that allowing the petitioner inside the union office, which was situated inside the factory premises, will create disturbance to industrial peace, the judge said the action of the management amounted to unfair labour practice as defined under section 2(a) read with clause 1 and 9 of the Fifth Schedule of the Industrial disputes Act 1947. Unfair labour practice is prohibited under section 25-T of the Act, the judge added.
The petitioner first filed a writ petition to quash the suspension order dated March 12, 2013. Since a lot of water has flown under the bridge, a charge sheet was issued and the departmental enquiry was over, he confined his prayer for a direction from the court to permit him to enter the union office situated on Manali Express Road to discharge his union activities.