The Labor Court has issued an order to the agitating employees of two more industries in central Tarai to return to work immediately. The court issued the decree on Friday following separate hearings on the cases filed by Triveni Sympax in the Birgunj-Pathalaiya Industrial corridor and Shree Ram Sugar Mills in Rautahat district. 

Both the industries are closed since June 5 after the employees went on strike, demanding a pay hike. The management of the companies had moved the court, saying that the employees have resorted to the protest by violating the contract agreements and seeking an order from the court to stop the protracted strike. Hearing a similar petition earlier this month, the Labor Court had issued an order to the employees of Triveni Spinning Mills in the Industrial Corridor to return to work immediately. The mills had then resumed their operation from August 25. 

Giving the verdict, Judge Dhir Bahadur Chanda said, “The closure of the industries causes a huge loss to the industries and eventually to the state; therefore the opponents or the employees should end the protest and return to work.” The court has further stated that the industries should not be closed over the debate on contract agreements between the industry and employees, and on whether the protests are legal or illegal. 

The trade unions resorted to the protests abruptly in over a dozen industries in the corridor on June 5, demanding a raise in salary in proportion to the pay hike implemented for the minimum wage earners by the government. Following the abrupt protests, the pay hike issue was resolved in some six industries after separate dialogues in each industry between the management and the trade unions.

The five industries of Triveni Group and Hanuman Metal, however, remain closed. Talking to this daily, an advocate for Triveni Sympax, Bal Mukunda Kharel, said, “Though the issue is the same for all those shut industries in the corridor, the court has chosen to issue separate orders on each case.” “Nonetheless, the order has brought some respite,” added Kharel. 
Both the industries had approached the court saying that the protests of the seven trade unions were illegal as it was staged without giving prior information of 30 days to the industry for staging protests as per the law. 

The unions had resorted to the protest demanding the salary hike in the ratio of minimum wage increment by Rs 1,800 on August 24. The minimum wage was reviewed by the government and increased to Rs 8,000 from Rs 6,200 on June 10. 
The applicant cited the Labour Act 1992 and the Trade Unions Act 1992, saying the employees can not protest on any issue going against the Collective Bargain Agreement (CBA) on the issue of salary hike. 

Following the unexpected strike by trade unions in the corridor, the Federation of Nepalese Chambers of Commerce and Industries (FNCCI) had sought government intervention to open the companies. However the government seemed heedless to their demand, and they were compelled to move the court. 

The FNCCI had also urged the government to invoke section 80 of the Labour Act 1992 to issue an order to end the strike in the industries. The section has the provision wherein the government can issue an order in an extraordinary situation, which might cause a breach in the law and order situation or hurt the economic interest of the country. 

Published on: 1 September 2013 | Republica