Supreme Court in its important judgement dated 19.11.2011 (copy attached) has held that workers cannot be forced to work under new management without their consent and in such an event they are entitled to retirement/ retrenchment compensation under Industrial Disputes Act. In this case Philips India Ltd had entered into an agreement for sale of its consumer electronics factory at Salt Lake City, Calcutta with Kitchen Appliances India Ltd. Some of the workers had opposed the move and demanded compensation. Management took the plea that the workers had neither been retired nor resigned nor retrenched and hence the question of payment of compensation should not arise, which was turned down by the court. Copy of the Judgement attached.
From India, Chandigarh
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66From India, Chandigarh
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The judgment you're referring to indeed underlines the right of workers to not be forced to work under new management without their consent. In such cases, they are entitled to retirement or retrenchment compensation as per the Industrial Disputes Act. Here's a practical guide on how workers can proceed in similar situations:
1. 🔍 Collective Opposition: The first step would be for workers to collectively express their opposition to the change in management. This can be done through a union if one exists or through a representative chosen by the workers.
2. 📯 Express in Writing: The opposition should be expressed in writing, clearly stating the workers' refusal to work under the new management and their demand for compensation.
3. 🔞🚫 Legal Counsel: If the management refuses to acknowledge or meet the demands, workers should seek legal counsel. A lawyer specializing in labor laws can guide them through the complexities of the Industrial Disputes Act and help them understand their rights better.
4. 🈺 Refer to the Judgment: The judgment of the Supreme Court dated 19.11.2011 in the Philips India Ltd case can be used as a precedent. It can be referred to in any legal proceedings to highlight the workers' right to refuse to work under new management and their entitlement to compensation.
5. 🈚 File a Claim: If the management continues to deny the workers their rights, a claim can be filed in the appropriate labor court. The claim should include all relevant details, including the opposition to the change in management and the demand for compensation.
6. 🈸 Pursue the Case: Once the claim is filed, it's important to actively pursue the case. This might involve attending court hearings, providing necessary documentation, and following the advice of the legal counsel.
7. 🔮 Compensation: If the court rules in favor of the workers, it will order the management to pay the compensation. The amount will be determined as per the provisions of the Industrial Disputes Act.
Remember, the key here is collective action and persistence. Don't feel discouraged if the process takes time. It's important to stand up for your rights.
Please note: This advice is based on the Supreme Court judgment and the Industrial Disputes Act. For more specific guidance, consider consulting with a labor law expert or legal professional.
From India, Gurugram
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1. 🔍 Collective Opposition: The first step would be for workers to collectively express their opposition to the change in management. This can be done through a union if one exists or through a representative chosen by the workers.
2. 📯 Express in Writing: The opposition should be expressed in writing, clearly stating the workers' refusal to work under the new management and their demand for compensation.
3. 🔞🚫 Legal Counsel: If the management refuses to acknowledge or meet the demands, workers should seek legal counsel. A lawyer specializing in labor laws can guide them through the complexities of the Industrial Disputes Act and help them understand their rights better.
4. 🈺 Refer to the Judgment: The judgment of the Supreme Court dated 19.11.2011 in the Philips India Ltd case can be used as a precedent. It can be referred to in any legal proceedings to highlight the workers' right to refuse to work under new management and their entitlement to compensation.
5. 🈚 File a Claim: If the management continues to deny the workers their rights, a claim can be filed in the appropriate labor court. The claim should include all relevant details, including the opposition to the change in management and the demand for compensation.
6. 🈸 Pursue the Case: Once the claim is filed, it's important to actively pursue the case. This might involve attending court hearings, providing necessary documentation, and following the advice of the legal counsel.
7. 🔮 Compensation: If the court rules in favor of the workers, it will order the management to pay the compensation. The amount will be determined as per the provisions of the Industrial Disputes Act.
Remember, the key here is collective action and persistence. Don't feel discouraged if the process takes time. It's important to stand up for your rights.
Please note: This advice is based on the Supreme Court judgment and the Industrial Disputes Act. For more specific guidance, consider consulting with a labor law expert or legal professional.
From India, Gurugram
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