Can Union Prevent A Pharma Manager During Field Work? - CiteHR
Industrial Relations And Labour Laws
Ram K Navaratna
Hr Consultancy
Operations, Hr And Marketing
+2 Others

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Kindly suggest, does FMRA have the legal right to prevent a manager from joint field work? What steps to be taken if this happens? This will be very useful for a pharma company that stand against militant union.
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The striking workers have no right to prevent others who are not participating in the strike from working. In All India Bank Employees Association Vs National Tribunal [1961(2)LLJ 385 SC]., the court has said that right to strike is not a fundamental right though it can be justified if it is for any genuine objective. The workers have the right to resort to strike whenever they are pleased in order to express their grievances or to make certain demands [ Gwalior Rayons Silk Mrg (Weaving) Co. Ltd Vs District Collector- 1982 Lab.I.C.367 Ker] At the same time, when it is extended beyond the boundaries of the company, the management has every right to get police protection. Therefore, the act of trade union members obstructing the duty of managers will be illegal and the Police can take it as a law and order issue.
This is absolutely absurd, illegal.

We, Indians are used to such goons dadagiri since pre independence era.

Whether any political agitation or industrial dispute or a genuine cause, we have become used to uncivilised hooliganism which is not only is in voilation of rights to work and diginity of coworkers or manager's, but also a unwanted nuisance to general public.

Most unfortunately our leaders, authorities, employers too are equally to blame:

1. as they deliberately ignore early warning symptoms of genuine grievances of genuine people or employees which force these guys to seek help of irresponsible or other elements who are masters in such illegal neck twisting of poor ground managers....

2. Neither our leaders nor our employers or officers register and act on protests untill crowd donot indulge in hooliganism. Therefore encouraging such illegal acts.

3. Police generally avoid any intervention till someone is hurt or any personal gain (which only employer or people at authorities can offer). Therefore this pharma manager becomes a poor victim.......
First and foremost FMRAI can't legally pack the work of a frontline manager, but they have been practicing it as part of their demonstration to support their fellow comrades! The situation can be managed of we have our own MR is cooperative with us and he would generally ensure smooth field working.The second option could be getting a court order seeking protection from police station .Now you can go to the police station in that area you will be working and take an escort.
It is a good discussion. Provisions available under Standing order and also IPC being obstruction and preventing from work. Serious act, Management can resort for suitable action. Ram K Navaratna
Management can, you are right. But who will feel the burnt in field- the poor manager!!!
Who will come to his rescue if things take an ugly shape in field? At least these will not come: higher management and police.
Court comes at extreme last where too these two will not support you, harassed poor manager with empty stomach would better search for another job to feed his family than fighting long legal battle alone..........
Please donot miss and forget this ground reality.......
A union whichever industry it relates is not within its rights to stop a willing worker from going to his work, what to speak of the officer.
The management can take recourse to legal remedies available to it in this regard.
Dear All,I really appreciate the prompt and steady response, the common opinion is that no union can prevent a manager doing his job, let me give you steps we have taken, kindly go through the same and script further changes, a) prevented manager recorded threatening phone calls, b) given police complaint c) on the basis of that writ petition filed at high court division bench d) obtained police protection e) FMRA given under taking at court f) court order came that shows an " apprehension " if needed the petitioner can approach police. Now the scene has changed...... FMRA highly antogonsed by these steps... They tried to prevent Higher managers ( Zonal) field work, company own unionized people support this, we wanted to strike back further, no compromise with union, kindly suggest any step by step script for a action. .. Why it's important, any prevention of work by union, there is an involvement of our own MR, so well scripted action module required ..kindly suggest
i donot know at what position you are in this organisation. I also donot know if organisation has any genuine grievance of employees pending?

Presuming that its a holy organisation and unions demands are ingenuine and illogical. In this case too, company will support the Manager to file FIR , case once. Knowing how our system works (police, courts, labour officers....). Manager will need to seek help of police seeking security, file more FIRs which is an uphil task. To make law enforcing agencies to work for you impartially, they need a motivating(??) dose, each time and every time. Law is blind, it takes time and long drawn efforts to make it see the truth. By this time poor manager will be enough harassed as due to these he will not be able to do justice with his main job. No commercial organisation will support this futile battle for long. Manager slowly will become prey not only to union but also to organisation, as any commercial organisation will remove such obstacle and compromise to avoid loosing its commercial/ monetary gains.

Also when you say our own man involved with miscreants of union, I think its highly irresponsible and demeaning comment about your own people. I think such environment and inside feedback will further give them feeling of insecurity and push them to be on wrong side.

Instead organisation should empathise with own people. It must do introspection what is breeding dissatisfaction and loss of faith in its system. Take a corrective measure, create a positive environment and sense of confidence in its people. This will help bring a positive change in your situation. This will require patience, true commitment of management not in words but in actions. Mostly organisations falter here. Values that they preach and expect from employees they themselves donot practice. Employees clearly decipher this deception and than situation like your starts........
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