The Bombay High Court, in a ruling dated 1st August 2024, set aside the Industrial Court's decision and reaffirmed the rights of union representatives to attend court proceedings without loss of pay. The case centered on the Madura Coats Employees Union's challenge against Coats India for deducting salaries of union representatives who attended a court hearing. The judgment underscores the importance of long-standing practices between unions and employers, highlighting that such practices must be honored unless expressly altered by mutual agreement.

Background of the Case

The case involved the Madura Coats Employees Union challenging an order by the Industrial Court, Mumbai, which dismissed their complaint against Coats India. The Union alleged that the company had wrongfully deducted the salary of its representatives who attended a court hearing on 17th November 2000, despite a long-standing practice of allowing such attendance as paid duty.

Legal Arguments

The Union argued that there was a well-established practice where union office bearers attending court proceedings would be treated as on duty, with their absence from work considered as casual leave if proof of attendance was provided. The Industrial Court had overlooked this practice, leading to the present writ petition.

High Court's Ruling

The High Court, noting the established practice and the arguments presented, quashed the Industrial Court's order. The Court emphasized that the practice of allowing union representatives to attend court proceedings as part of their duty is integral to collective bargaining and should be respected.

Implications of the Judgment

This judgment reinforces the protection of union activities, ensuring that long-standing practices between unions and employers are upheld unless explicitly challenged and changed through due process. The ruling serves as a reminder that employers must honor such practices or face legal consequences.

Conclusion

The Bombay High Court's decision is a significant victory for the Madura Coats Employees Union, ensuring that their representatives can continue to attend court proceedings without fear of salary deductions, thus strengthening the union's role in representing its members effectively.