LI Network
Published on: November 27, 2023 at 13:25 IST
Highlighting the crucial role of trade unions the Madras High Court recently ruled against the outsourcing of recruitment for drivers and conductors by the Metropolitan Transport Corporation Limited.
Justice R Hemalatha, presiding over the case, asserted that unions are essential for maintaining checks and balances in a democratic setup and ensuring the conscientious functioning of the ruling party or management.
The court’s decision came in response to a petition by the Tamil Nadu State Transport Employees’ Federation, challenging the Corporation’s decision to engage drivers and conductors through a manpower agency for regular bus operations.
The federation argued that the move violated a 1992 agreement between the union and the Corporation, which stipulated that all direct recruitments would be conducted by the management through the Employment Exchange, with exceptions for the children of deceased employees.
The Corporation defended its decision, citing a shortage of drivers and conductors, extended absences of current staff, and the need for immediate outsourcing to address the crisis, especially during the festive season.
The court, however, found the Corporation’s urgency claim unsubstantiated, noting that the government had already suggested that staff shortages could be resolved through future recruitment.
Justice Hemalatha expressed concerns about the challenges associated with private recruitment, emphasizing the higher ownership and responsibility of public sector undertakings like transport corporations.
The court also raised issues related to the reservation system and the lack of checks and balances in contractual employment through manpower agencies.
Furthermore, the court noted that employing two categories of drivers would violate the constitutional principle of equality, creating a divide between management and employees. The court advised the authorities to adopt a more transparent and straightforward process for recruiting drivers instead of resorting to outsourcing through manpower agencies.
In light of these observations, the court allowed the plea and set aside the tender notification calling for the employment of drivers and conductors.
The ruling reinforces the significance of trade unions as essential components of a democratic system, ensuring fairness, transparency, and adherence to agreements in employment practices.
Case Title: Tamil Nadu State Transport Employees’ Federation v Government of Tamil Nadu
