People's Democracy

Labour Reforms, Courtesy Judiciary

Yet Another Pernicious Verdict: CITU

The CITU secretariat has issued the following statement on March 29, 2006

THE Supreme Court judgement in the case relating to the government employees of Rajasthan is yet another pernicious verdict with ominous portents for the labour in this country. The judge of the apex court who crafted this verdict is the same author of the August 2003 judgement depriving the government employees and the workers of their right to strike.

The ruling of the Division Bench of the Rajasthan High Court, which the apex court has overturned now, had only granted the employees concerned the benefit of redeployment with pay-protection and service-continuity, while permitting the closure of a unit of the State Housing Board. By this judgement, the Supreme Court has now conferred unfettered right of ‘hire and fire’ to the government with no protection whatsoever to its employees. The wording of the verdict, as reported, is in the nature of sweeping generalisation that could be interpreted to be applicable to any employer. The excitement with which the media had hailed this verdict goes to prove that the much sought after ‘labour market reforms’ had arrived, courtesy the judiciary.

It is deplorable that the highest judiciary in the country is hell bent on liquidating the hard won rights of the workers and employers, making them the sacrificial goats at the altar of neo-liberal economic reforms, virtually negating the fundamental rights and directive principles of the Indian Constitution. The judiciary seeks to throw to winds the very concept of welfare and social security for the workers.

The refusal of the government to act on the demand of the trade unions to negate the pernicious impact of the earlier judgment of the Supreme Court on Right to Strike had encouraged the judiciary to indulge in such excesses as a matter of routine, as testified by a spate of anti-worker pronouncements, including the present one.  The workers will not accept such excesses lying down. This ruling had come at a time when the media world over is replete with the news of countrywide protest actions witnessed in France, over a government legislation conferring right to fire, albeit limited to 26 years of age of the employees hired. This should be an eye-opener to all concerned as to how the working people will press for their inalienable rights.

The CITU demands of the government to take immediate steps to review the situation created by this and similar other judgements and take speedy action to negate their harmful impact.