Unfair Labour Practices should be tested under Art. 14

According to latest judgment of Supreme Court in Siemens Ltd. v. Siemens Employees Union, (Civil Appeal No. 8607 of 2011, decided on October 12, 2011 by Justices D K Jain and A K Ganguly) “Unfair labour practices” alleged by workers must be interpreted in the context of globalisation and modern industrialisation. The judgment went on to hold that any argument of unfair practices can be accepted only if there is “arbitrariness and unreasonableness” in the management’s action violating Article 14 (equality) of the Constitution. Any unfair labour practice within its very concept must have some elements of arbitrariness and unreasonableness and if unfair labour practice is established, the same would bring about a violation of guarantee under Article 14 of the Constitution.

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About Thomas Geeverghese

Advocate, Ernakulam
This entry was posted in Labour Law, Trade Union and tagged . Bookmark the permalink.

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