Deciphering the current industrial strife in TN

As a Senior Industrial Relations Advisor, initially I wanted to be a silent spectator in the ongoing slugfest regarding Samsung workers. However, as things are getting heated up and many are taking to social media to explain things, I felt a proper perspective needs to be brought in.

Let me make this clear, I am not an apologist for the CITU and for that matter for Mr. A.Soundarajan. (A.S.). I am a professional Management Industrial Relations Advisor.

I maintain good professional relationships with Trade Union Leaders of all parties whether be it DMK, AIADMK, CITU, INTUC, AICCU, LTUC, PMK, MNS etc. I have had the opportunity to deal with difficult IR matters in TN, Pondy, Maharashtra and Haryana. I have interacted apart from Mr.A.S.,Mr. Kalan of INTUC,Mr. R.S.Bharathi of the DMK,Mr.Mukilan of NDLF,Mr.Bharathi of LTUC, and a host of other leaders in these trade unions. I always experienced professional satisfaction in resolving IR issues with these leaders. We have been able to find amicable resolutions in even very trying times.

Few points I thought to mention for the sake of clarity:

• Article 19 (1) (c) This article of the Indian Constitution guarantees citizens the rights to form unions or associations.
• An unregistered union can raise a dispute but only a registered union can sign a settlement.
• Registration of Trade unions is with the state government, namely, registrar of Trade Unions.

Section 22 of the Act mandates that not less than half of the members of the trade union should be employed in the industry or work with which the trade union is connected.

The Calcutta High Court in the case of Kesoram Rayon Workmen’s Union v. Registrar of Trade Unions (1966) observed that if all officers and members of the executive were needed to be employees of the industry to which the union is related, Section 22 would have no purpose. Of course, Section 2(h) of the Act defines a trade union as a group of workers employed in a certain industry. But Section 22 expressly lays down that an outsider may be a member of the executive or other officer of the union, provided the specified percentage is not exceeded.

• There is no Act for the recognition of trade union in Tamil Nadu

However, the landmark Madras High court judgement related to MRF in 2009 serves as a precedent which says that when a particular Union has a numerical strength that union has been recognized.

?In my experience I found that each Indian business houses have been able to develop a unique model of IR and have by and large maintained peaceful industrial relations over the years. Similarly, major Companies like Hyundai too have developed methods within the framework of the law to handle these situations in the last 30 years. I mean after the liberalization.

I have been advocating a proactive IR approach in the last 25 years with a fair amount of success.

?I think that there is no need for alarm that FDI will stop coming to TN. There are examples of many MNCs and Indian Companies where there are unions even with external leadership which have been functioning peacefully.

The question whether the Trade Union leader should be an internal or an external leader has been debated for more than 50 years. I remember answering a question in my MSW in Loyola way back in the early eighties. In my opinion, it is good to have an external leader to explain it to the workmen. In my experience, I have found that the external leader’s words are more acceptable to the workmen rather than the Management.? It is a matter of perspective. Also it has to be seen on a case-to case basis.

Normally, workmen will be apprehensive to accept something they are not aware of the legal implications. This is where the external leadership plays a pivotal role. I have signed many settlements with Mr. A.S., Mr. Kannan and Mr.Muthukumar which have been on professional lines and on a win-win approach.

I hope with a dynamic CM (in the State Government) as the peacemaker, all stakeholders will come to a peaceful resolution. I hope peace will prevail soon?in?Samsung…