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The Madurai Bench of the Madras High Court has asked the State government to examine the possibility of enacting a comprehensive legislation regulating loading and unloading work, on the lines of the Puducherry Act, to balance the legitimate rights of workers with the constitutional rights of traders and businesses. The court was hearing petitions filed by traders’ associations, individual businessmen, a private company on the one hand and a workers’ union on the other hand Justice B. Pugalendhi observed these petitions raised a common and recurring problem confronting trade and commerce in the State, namely, the unlawful interference by self-styled loadmen, claiming affiliation to certain trade unions, in the process of loading and unloading goods, coupled with demands for exorbitant wages and insistence on exclusive engagement. The right to trade and business is a fundamental right guaranteed under Article 19(1)(g) of the Constitution, read with Article 21. A person carrying out any trade or business has the freedom to choose which person he wants to hire and use for loading and unloading. It is the contractual freedom of a business to engage the person it wants for loading and unloading. The same cannot be interfered with in an unlawful manner. It is the obligation of the State to ensure that such a right is not defeated by private muscle power. When trespass, intimidation, extortion, or assault are committed, it would attract criminal offence, the judge said. The Industrial Disputes Act, 1947, under Schedule V, treats intimidation, violence and obstruction as unfair labour practices. Even if genuine wage disputes exist, the recourse is labour courts or conciliation proceedings and not street muscle. At the same time, the court recognises that workers have a legitimate right to collective bargaining for fair wages through lawful forums. That right, however, does not extend to forcibly preventing employers from engaging workers of their own choice. The freedom of contract is mutual, the court noted. The failure of law enforcement machinery to nip illegal practices in the bud has emboldened self-styled loadmen to persist with their extortionate demands. This state of affairs is unacceptable in a constitutional democracy where the rule of law is supreme, the judge said. The court expressed concern that, as on date, there is no comprehensive legislation in Tamil Nadu to regulate employment and service conditions of loading and unloading workers. The absence of such a statutory framework in Tamil Nadu leaves a vacuum resulting in unchecked exploitation under the guise of trade unionism and both traders and workers are left to litigate repeatedly. The judge said the court is compelled to highlight that the State government cannot remain passive and must urgently address this legislative vacuum, the court observed. The court disposed of the petitions after issuing a set of directions.
