Take A Call On Registration Of Samsung India Trade Union: Madras High Court To Deputy Commissioner of Labour

Justice RN Manjula said that it was upon the Deputy Commissioner to take a call and appreciate the reasonableness and concern of the Management as well as registering the trade union. The state had informed the court that the Samsung management had objected to the registration of the union saying that their name should not be used for the registration of the Thozhilalar Sangam. The court has asked the Deputy Commissioner to take a call within 2 weeks and adjourned the case.

“It is for the third respondent to take a call and appreciate the reasonableness and concern of the Management as well in registering the Trade Union in the name proposed to be registered by the petitioner,” the court said.

The court was hearing a petition by P Ellan, General Secretary of the Thozhilar Sangam. He argued that the management was following unfair labour practices without recognizing the trade union and had caused unrest between the employees and the management which compelled the union to go on strike. He argued that since the Registrar of Trade Union has caused a delay in registering the union within the stipulated time without any reason, it has caused great prejudice to the union.

The petitioner argued that even before the formation of the constitution, the workers were given a right to form associations through the Trade Union Act of 1926. Thus, he argued that the right to form trade unions was a fundamental right and the Registrar should uphold the constitutional values and should comply with the provisions of the Act by registering the Trade Union.

In his petition, Ellan informed that on June 27, 2024, the management was informed about the formation of the trade union and the list of office bearers. He added that the union had given a charter of demands to Samsung Management on July 11, 2024, but the management did not recognize the union or come forward for any talks.

He further informed that in the meanwhile, the petitioner had applied online to register the union as per the Act and had also sent a letter to the Registrar of Trade Union. The Registrar communicated the letter to the Deputy Commissioner for scrutiny and to give his recommendation on registering the union. He stated that the Deputy Commissioner in his recommendation did not mention whether the union should be registered or not and hence Registrar resent the application to the Deputy Commissioner.

During this time, Samsung Management gave its objection stating that their company's name should not be used for naming the union since the company name was its trademark. When the union was informed of the objection, it gave its reply stating that it was an anti-labor policy of the Samsung management to raise such an objection. The union argued that the objection would be valid only if the union was engaging in similar business and pointed out that 90% of trade unions in the country were using the name of their respective companies.

Thus, claiming that the failure to register the trade union within the time frame set by law was against the provisions of law, the union had approached the court.

Case Title: P Ellan v State of Tamil Nadu and Others

Case No: WP 28894 of 2024