Ranchi, June 15: Jharkhand High Court on Thursday ordered the Deputy Labor Commissioner East Singhbhum to decide after hearing both the sides whether this issue should be implemented directly as per the order of the Bombay High Court or it be dealt as per provision of the Industrial Dispute Act.
The order was given while hearing of the Writ Petition filed by the petitioner Javed in High Court.
Petitioner’s advocate Akhilesh Srivastava told the Court that Tata Motors has been involved in unfair labor practice for the last three decades. This company fraudulently engages the laborers for work of permanent nature and keeps them as temporary laborers for years, giving less salary and allowances as compared to the permanent laborers and thus not only exploits the laborers but also violates the sections of the Industrial Disputes Act.
He alleged that he had complained to the Deputy Labor Commissioner, also served him a legal notice but he refused to take any action against Tata Motors. He further pointed out that the Bombay High Court in its order in Writ Petition No. 5588/2017 has held that Tata Motors is not only engaged in unfair labor practice but is also in gross violation of sections of the Industrial Disputes Act.
He said that his issue is similar and should be adjudicated based on Bombay High Court’s order. He also requested that the Deputy Labour Commissioner may be asked to make temporary workers permanent and give them full wages calculated after completion of 240 days.
Akhilesh Srivastava is fighting the case on behalf of 52 temporary employees of Tata Motors.
Akhilesh in a press statement alleged that in Tata Motors Jamshedpur plant, more than 3500 employees work like bonded labour which is a direct violation of Article 23 of the Constitution. Due to this unfair labor practice of Tata Motors, dozens of employees were not made permanent employees and retired even after working for more than two decades.
Akhilesh claimed that while hearing the writ petitions filed by the employees of Pune plant of Tata Motors the Bombay High Court while passing the order has found Tata Motors guilty of unfair labor practice and Tata Motors has to pay compensation to all those temporary employees.
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