Case Title: S Paul Kithiyon v The Additional Chief Secretary and Others
Case No: WP No.858 of 2024
Decided on: 10th January, 2024
CORAM: THE HON’BLE MR. SANJAY V. GANGAPURWALA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Facts of the Case
The writ petition has been filed to declare as illegal and unconstitutional the strike that the 11th to 14th respondents, along with their functionaries and office bearers, called for on January 8, 2024, or any other date in Tamil Nadu. In order to uphold the strike call and protect citizens’ lives and liberties, the petitioner requests that the first and second respondents take preventative action. Public safety is a concern because of the impending Pongal festival in Tamil Nadu, one of the biggest celebrations in the state that involves a lot of people moving around. Respondents 11th to 14th assert that their unfulfilled demands from the Transport Corporations are presently being reconciled in front of the Labor Commissioner.
The petitioner contended that the strike is unlawful, while the defendants, who sent out a notification on December 19, 2023, claim that the Industrial Disputes Act, 1947, is in compliance. Respondents 11th and 12th argued that the unions are prepared to abstain from strikes during the mediation process in order to accomplish their single demand that is, to pay retired employees (pensioners) their dearness allowance, which has been frozen since 2014. Allegedly, the state disregarded the notification of strike.
Legal Provisions
Section 22 of the Industrial Disputes Act outlines the circumstances under which strikes and lockouts are prohibited during the pendency of conciliation proceedings and settlement. Section 10 empowers the appropriate government to refer an industrial dispute for conciliation.
Principle of Salus Populi Suprema Lex is invoked by the court which emphasizes the welfare of the people as the supreme law.
Issues
Is the call for strike by respondents 11 to 14, considering the essential nature of the transport service and its potential impact on public welfare during the Pongal festival, in compliance with the Industrial Disputes Act, 1947?
Does it constitute an unreasonable restriction on the rights of the citizens and a violation of the principle of Salus Populi Suprema Lex?
Courts analysis and decision
The court cited “Salus Populi Suprema Lex,” a principle that emphasises the welfare of the people as being of utmost significance. The court encouraged the trade unions (respondents 11 to 14) to take the public’s welfare into consideration, citing concerns about the possible hardships that the general public may experience as a result of the lack of necessary services, especially transport, during the upcoming Pongal festival, which is the state’s largest festival. The court noted that the transport service is necessary and that the state’s inhabitants should not be held captive during a major event, even as it acknowledged the workers’ right to strike under the Industrial Disputes Act. The court expressed the need for a more practical approach, criticizing the state and the trade unions for their ostensibly irrational positions.
The court ordered the trade unions to temporarily halt the strike until the next conciliation procedures due to the possible impact on the public. It was expected that they would thereafter act appropriately, acknowledging the importance of the Pongal holiday. The state’s approach was criticized by the court as being obstinate and uncompromising, citing its refusal to consider the proposal of providing retired pensioners with an ad hoc dearness allowance. The state would be justified in taking appropriate action against any illegal activity by the employees, the court ruled. The trade union members were also directed by the court to return to work by Thursday, with a focus on their cooperation. In an effort to reach a fair settlement, the court also ordered the parties to take part in the mediation proceedings that were set for January 19, 2024.
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Written by- Rupika Goundla
