Karnataka - Bangalore

Suspended employee can participate in union activities High Court Round-Up

Bangalore: In a landmark judgment, the Karnataka High Court on Tuesday held that an employer could not deny an employee the right to exercise his franchise or participate in the company’s society or union proceedings (if he were elected an office-bearer) merely because the employee was suspended.

Justice K.L. Manjunath passed the order on a petition by J. Munnagappa who had contested the action of a Bangalore-based public sector undertaking (PSU) which had asked him not to enter the factory premises as he had been suspended and was facing an inquiry. Mr. Munnagappa said he was working as a technical assistant in the PSU and was also an office-bearer of the society which was located on the factory premises. He said elections to the society were to be held on March 23, 2008, and he was one of the candidates. However, on March 12, 2008, he was suspended from work and also prevented from entering the factory premises.

Mr. Munnagappa said though he made it clear that he wanted to participate in the society elections, he was not allowed to enter the factory premises. On April 3, 2008, he had filed a writ petition and obtained an interim order directing the PSU from obstructing him from entering the factory premises.

He said he had once again been elected an office-bearer of the society. The PSU had then filed a statement in court seeking dismissal of the petition. Disposing off the petition, Justice Manjunath said the PSU could not prevent Mr. Munnagappa from discharging his duty as an office-bearer of the society. If the PSU did not want him to enter the factory premises, it could shift the society office outside the factory premises.

A Division Bench stayed a single judge order upholding the increase in the constituencies for Madikeri CMC.

A Division Bench adjourned further hearing on a public interest litigation petition seeking a direction to the State to ban bandhs.

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