Chief Justice Surya Kant’s Controversial Remark on Trade Unions, Are Unions responsible for Slow Industrial Growth?
Chief Justice Surya Kant’s Controversial Remark on Trade Unions: Chief Justice of India Surya Kant on Thursday gave a controversial remark on trade unions. He said that trade unionism is largely responsible for slow industrial growth in the country.
What CJI Surya Kant said on Trade Unions?
“How many industrial units in the country have been closed thanks to trade unions? Let us know the realities. All traditional industries in the country, all because of these jhanda unions have been closed, all throughout the country. They don’t want to work. These trade union leaders, they are largely responsible for stopping industrial growth in the country. Of course exploitation is there, but there are means to address exploitation. People should have been made more aware of their individual rights, people should have been made more skilled, there were several other reforms which should have been done” CJI Kant observed.
Why CJI Surya Kant gave Controversial Remark on Trade Unions?
A bench comprising the Chief Justice and Justice Joymalya Bagchi was hearing a PIL filed by Penn Thozhilargal Sangam and other unions seeking welfare measures for domestic workers. The petitioners sought to bring domestic workers under the minimum wages notification. As soon as the matter was taken, CJI Kant expressed disinclination to entertain the matter, saying “every household will be in litigation.”
The petition was filed by following trade unions:
- PENN THOZHILALARGAL SANGAM
- ALL MEGHALAYA DOMESTIC WORKERS’ UNION
- BIHAR GHARELU KAMGAR UNION
- DOMESTIC WORKERS RIGHTS UNION
- JHARKHAND GHARELU KAMGAR UNION
- MAHARASHTRA RAJYA GHARKAMGAR UNION
- MAHILA GHARELU KAAMGAR SANGH
- SANGLI JILHA GHARKAM MAHILA SANGHATANA THROUGH ITS AUTHORISED SIGNATORY, MRS VIDYA VIJAY SWAMI
- TELANGANA DOMESTIC WORKERS UNION
- VIDARBHA MOLKARIN SANGHATAN
Senior Advocate Raju Ramachandran, for the petitioner, submitted that in countries like Singapore, one cannot hire a domestic worker without registration and has to ensure mandatory weekly-off, minimum wages etc.
Also Read: Trade Unions and the Republic: Why a Chief Justice’s Words Demand Constitutional Care
CJI Kant observed that the anxiety to bring in welfare measures can sometimes bring about unintended results, which can lead to other forms of exploitation.
He said – “In our anxiety for reforms, to bring something non-discriminatory through the legislative means, we sometimes unwittingly cause further exploitation. You fix a minimum wages….look at the need for employment in the country. It is a question of demand and supply. You fix minimum wages, people will refuse to hire and will cause further hardship,”.
Ramachandran said that “collective bargaining works” and that the petitioners are “not some interlopers and were registered trade unions”, CJI made the controversial comment on trade unions.
CJI said – “These trade union leaders, they will leave these people in the lurch. People will stop hiring domestic help. In all major cities, service provider agencies have taken over. Now you only use the services of these entities, there is a word for them, which I cannot use in open court. In all major cities, these big entities are there, who are exploiting these people. They are the real exploiters,”.
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What happened to Petition?
The bench ultimately refused to entertain the petition, observing that the reliefs sought are in the nature of a mandamus to enact laws, which the Court cannot direct. The bench disposed of the petition and urged the States to look into the grievances highlighted by the petitioners.
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