If Union hoist their flag in employer’s property, what is the remedy available to the employer

No doubt, workers have fundamental right to form association and get themselves registered under Trade Unions Act, putforth their demands before management and act as a collective bargaining agent.

It is also true that there should be industrial peace in the industry but at the same time that can not be at the expenses of management right.

The unions can not unilaterally dictate terms in the name of industrial peace. It is undoubtedly true that visitors/customers coming to any such business premises and see such flags, posters and mast would naturally be afraid to have business with such company because of getting suspicious about the capability of the company to fulfil their commitment in time knowing about the climate on account of over dose of trade union activities.

If Union people have hoisted the flags, in the employer’s premises and on the common wall which not only belongs to the employer but to others also, in such situation no union has any right to do such activity in the property belonging to the employer or others.

Employer has legitimate rights to ask union to remove such flags, mast and posters from the premises and if they do not agree to it, remove yourself with the appropriate help of concerned authorities. Kerala High Court in the case of Kerafibertex International Pvt. Ltd. vs. Kerafibertex Employees Association, has also so held.

 

By Dayanand N. Mangaonkar