In The Guise Of Strike Workers Cannot Resort To Strong Arm Tactics To Intimidate Management: Kerala High Court

The remarks come in a writ petition filed by Bharat Serum Vaccines Limited, against intimidatory tactics used by some of its employees and the Trade Union, after they were transferred to a unit out of the State.

A Single Bench of Justice Raja Vijayaraghavan V. observed,

"There cannot be any doubt that the workers have the right to resort to strike or dharna to effectively bargain with the management and to ensure that unfair labour practices are avoided. However, in the guise of a strike, the union leaders as well as the striking workers cannot resort to strong arm tactics and violence to intimidate and force the management to succumb to their demands."

Background

It was the Petitioner's case that in the month of October, 2020, on account of administrative reasons as well as business exigencies, they had to redeploy their Territory Branch Managers to other parts of the country.

They submitted that the service conditions clearly state that the employees are transferable, and most of the employees accepted the transfer and joined the respective Stations. However, three employees refused to oblige.

Thereafter, with the aid of the Association of Medical and Sales Representatives, the said three employees caused obstruction to the managerial staff, Regional Business Managers and Sales Representatives in carrying on their business.

The Petitioners further informed the Court that the Respondents as well as the Union raised an open threat that they will not let the company to carry on its business activities in the State unless the Respondents demands are met with. However, no action was taken by the Police authorities on a complaint lodged in this regard.

The Petitioners had therefore sought a direction to the concerned authorities to afford sufficient protection to its managerial/supervisory officers and field staff as to enable them to perform their duties without being obstructed or threatened in any manner.

Findings

The High Court has made it clear that the right to strike does not mean that a worker is entitled to obstruct the working of an organization.

It held that even if the demand of the workers is legitimate, and even if the management do not accede to such legitimate demand, the only option is to resolve the dispute in a manner known to law.

It observed, "Under no circumstances can the respondents resort to violence to further their cause. That would infringe the rights of the petitioners to carry on their business."

On this note, the Bench made interim protection granted to the Petitioners, absolute. It further permitted them to approach the jurisdictional police station, if any threat or intimidatory tactics are adopted by the Respondents.

Case Title: Bharat Serum Vaccines Ltd. & Ors. v. State of Kerala & Ors.

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