The HC order came on a petition filed by the INTUC-controlled BrahMos Staff Association and the AITUC-led BrahMos Employees Union, contending that the Government order of 2010 exempting the BrahMos unit, a private company, from the purview of the Trade Union Act was illegal.

The contention of the petitioners was that only a Government company could be exempted from the provisions of the TU Act. And, according to the Industrial Disputes Act, only a company with 51 per cent government share could be termed a government company.

The BATL, a joint venture with the Russian Government, however, had only 50.5 per cent of Central Government shares, and therefore, did not come under the definition of a government company as per the TU Act.

The Central Government contended that the trade unions had agreed not to indulge in trade union activity in an agreement signed in 2007; they had also formed a workmen welfare committee to have their grievances addressed.

The State Government had argued that, if trade union activities were to be allowed in BATL, a defence unit, it would affect the defence preparedness of the country.

The unions then approached the High Court challenging the legal validity of the Government order. The agreement between the BATL and the employees of the Kerala Hitech Industries Limied(KELTEC) when it was taken over by the BrahMos Aerospace did not stand legal scrutiny, the unions claimed, as that agreement had expired on December 24, 2012.

Even if the agreement was in force, it could not prevent trade union activity because there is a Supreme Court order, which says that the works committee, stipulated under the Industrial Disputes Act, cannot supersede the trade unions, according to the BrahMos Staff Association.

Kerala AITUC general secretary Kanam Rajendran, hailing the court order, said it has vindicated the AITUC’s stand that a private company cannot be exempted from the purview of the Registration of Trade Union Act.

With the HC order in place, the ball is now in the court of the State Government, which has been directed by the court to take a decision on allowing trade union activity in BATL after giving a hearing to the unions. The response from the State Labour Minister Shibu John has been prompt. Now that the court order has come, the state government will abide by its directive, he said. (IPA Service)