Tamil Nadu: Transport staff suspensions during poll period challenged

CHENNAI: Tamil Nadu State Transport Employees Federation, affiliated to the CITU, has urged the state government and election authorities to revoke the suspension of transport workers during the ongoing election period, contending that the action violates legal provisions governing trade unions and workers' rights.

In a representation dated April 6, addressed to the Transport Department, the Chief Electoral Officer and transport corporation managements, the federation said several employees had been placed under suspension and issued charge memos for alleged involvement in political activities during the enforcement of the model code of conduct.

These employees are not government servants and therefore are not bound by the Tamil Nadu Government Servants Conduct Rules, 1973, it said, maintaining that applying these rules, including restrictions related to political activity, to transport workers was legally untenable.

Citing provisions of the Constitution and the Trade Unions Act, 1926, the federation said workers have the right to form associations and participate in political and social activities, including supporting candidates and mobilising funds through unions. It also referred to Supreme Court rulings, including BR Singh vs Union of India (1989), to assert that trade union activities extend beyond wages and service conditions to broader socio-political issues.

The representation further contended that the disciplinary action invoking standing order provisions was misplaced, as the alleged acts did not amount to misconduct such as insubordination or wilful disobedience. It is alleged that the management had misinterpreted election guidelines and overstepped its authority.

The federation demanded the immediate withdrawal of suspension orders and charge memos issued to employees. It also called for action against officials responsible for what it termed illegal disciplinary measures and sought clear instructions to transport corporations to refrain from curbing workers' lawful rights during the election period.