Industrial Court restrains MNS union from creating nuisance in Hinduja Hospital

The industrial court on Wednesday directed Maharashtra Navnirman Kamgar Sena and its general secretary not to create any nuisance or disturbance to patients, their relatives, doctors, nurses and supporting staff of the PD Hinduja National Hospital and Research Centre

MUMBAI: The industrial court on Wednesday directed Maharashtra Navnirman Kamgar Sena and its general secretary not to create any nuisance or disturbance to patients, their relatives, doctors, nurses and supporting staff of the PD Hinduja National Hospital and Research Centre.

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“I have considered the real dispute between the parties. As the respondent union (MNS Kamgar Sena) is an unrecognised union and furthermore, since there is a recognised union operating in the hospital, the hospital has not entered into any wage-settlement with the respondent union. Looking at the acts of the members of the Union, it is necessary to prevent them from committing coercive acts,” said RS Nimbalkar, member, Industrial Court.

The directive came after a group of MNS Kamgar Sena barged in the hospital on March 9, 2018, demanding the permanency of 240 contract employees. It is contended that they forced their entry and insisted upon meeting the COO/CEO and the trustees. When they were denied entry in the cabin, the crowd became aggressive and shouted unparliamentary words, threatening the management that they should meet their union leader Raj Thackerey, failing which they will have to face the consequences.

“This incident has created a lot of disturbance and agony in the hospital,” said the hospital management in its complaint to the Industrial Court. The hospital had prayed for a restraining order against the labour union to restrict them from staging, conducting, inciting, encouraging any demonstration or holding a dharna inside or outside the premises of the hospital or within 200meters from the main gate.

The court accepted the complaint and held that the respondent union had engaged in unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

Advocate Vinod Shetty appearing for the MNS labour wing and its secretary, denied the allegations made by the hospital and stated that 534 permanent employees were its members. It added that the union has provided employment to several casual employees, however, the hospital has not only refused to make them permanent but were also pressurizing and coercing them to leave the union and join Bhartiya Kamgar Sena.

“The hospital had entered into secret negotiations with the BKS behind the back of the employees, but due to its malafide intentions refused to hold any negotiations with the hospital. The reasons for filing the complaint do not exist anymore. The respondents have never slowed down the production or refused to perform overtime or that they have not threatened any of the workmen,” the lawyer had argued.