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Samsung Workers' Strike in Tamil Nadu: An Overview
Context
The ongoing protests by Samsung India workers in Tamil Nadu, have drawn significant attention as they highlight the fundamental right of workers to form trade unions for collective bargaining. The workers have sought to negotiate on equal terms with the management to establish better employment conditions. The situation escalated when the State government formed a 'workmen committee' to address the issues while resorting to police action against the striking workers.
What Has Happened?
- The workers at Samsung India are demanding the registration of their trade union, the Samsung India Workers Union (SIWU), under the Trade Unions Act of 1926.
- However, the government's formation of a workmen committee, without prior registration of the union, has raised concerns about the legitimacy of the process.
- Samsung has also expressed objections to the inclusion of its name in the union, alleging backing from the Centre of Trade Unions (CITU).
Labour Rights and Constitutional Provisions
- Right to Form a Union: The Supreme Court (B.R. Singh versus Union of India in 1989) recognized the right to form associations and unions as a fundamental right under Article 19(1)(c) of the Indian Constitution.
- This right can only be restricted under Article 19(4) in cases where public order, morality, or national integrity is at risk.
- It is the obligation of the State, acting through the Registrar of Trade Unions, as the regulatory authority under the 1926 Act, to register trade unions and give individual workers their voice.
- The benefits of registration under the 1926 Act include immunity from both civil and criminal action.
- Section 4 of the Act notes that even seven members could apply for registration of their union.
- Under Section 6, the Registrar has to merely examine whether a trade union’s rules conform with the rules of the Act.
- Right to Strike: Strikes are legally recognized (legal right) as a form of demonstration for workers' rights under the Industrial Disputes Act of 1947, but they come with certain restrictions. Section 22 of the Act specifies conditions under which strikes may be deemed illegal, such as lack of proper notice or continuation during ongoing conciliation proceedings.
- The Supreme Court has acknowledged that while the right to strike is essential for worker advocacy, it must be exercised in accordance with existing industrial laws.
Fact Box: Collective Bargaining
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