In a post on social media platform X, Shanmugam said no one would have expected such a comment from the CJI, adding that it reflected a casual and dismissive attitude. He questioned whether the judge would place in the public domain the data on how many factories had actually been shut down due to trade union activities.

The CPM leader was reacting to observations made by the CJI during the hearing of a public interest litigation filed by Penn Thozhilargal Sangam and other workers’ unions seeking welfare measures for domestic workers, including their inclusion under the minimum wages notification. The Bench, comprising the CJI and Justice Joymalya Bagchi, expressed disinclination to entertain the petition.

During the hearing, the Chief Justice remarked that trade unionism had been largely responsible for stopping industrial growth in the country, while cautioning that well-intended welfare measures could sometimes lead to unintended consequences.

He also observed that enforcing minimum wages for domestic workers could result in widespread litigation, leading to every household ending up in court.

Shanmugam argued that when employers refuse to implement labour welfare laws, such remarks effectively convey that workers should not approach the judiciary for relief. He said this undermined the confidence of working people in the justice delivery system.

“If the Chief Justice himself holds such views, one can only wonder about the approach of judges in the lower courts,” he said, urging all sections to demand that the judge withdraw what he termed an erroneous statement.