Page 35 - DCOM207_LABOUR_LAWS

Labour Laws

Notes the only company recognized union. The lockout notice stated that the strike was illegal
as the Employee Union did not give the mandatory 14 day notice period as per Industrial
Disputes Act, 1947. It also stated that the workers were indulging in violence and destruction.
TKM was a joint venture, established in 1997, between Toyota Motor Corporation (Toyota),
Japan’s largest car company and the second-largest car manufacturer in the world, and the
Kirloskar Group of India.

Toyota holds an 89% equity stake and while the Kirloskar Group holds the remaining 11%.
Toyota has invested nearly US$ 336 million (INR 15 billion) in the plant with capacity of
producing 60,000 units per year. Toyota manufactures its world famous cars like Corolla,
Camry and Innova at the plant. The plant had a total workforce of 2,378 out of which
around 1,550 employees belonged to the Employee Union.

On January 06, 2006, the Employee Union went on strike with the demand to reinstate
three dismissed employees, ten suspended employees, and improve the work conditions
at the plant. These employees had been dismissed and suspended by the company, on
disciplinary rounds, for attacking a supervisor and misconduct. TKM declared that it
would not rehire nor reinstate those employees culminating in the strike and lockout. TKM
made several serious allegations against the Employee Union.
The company said that the striking workers were threatening to blowup LPG gas cylinders
in the company premises, obstructing the outward movement of manufactured vehicles,
illegally stopping production, and manhandling other workers, who were not part of the
Employee Union, to strike. In response, the Employee Union said that three employees
were dismissed because they were actively participating in trade union activities and the
company wanted to suppress the trade union. They further said that working conditions at
the plant were inhuman and ‘slave like.
They were often made to stretch their working hours without sufficient relaxation and
compensation. The issue took a new turn when representatives from the management
at TKM refused to attend a meeting before the Labor Commissioner on January 09, 2006
for resolving the dispute with the union. The company said that the atmosphere was not
conductive for talks as the Employee Union was in a violent and agitated mood. Though,
the company appealed for two weeks time to appear before the Labor Commissioner so
that situation could become stable, they were given time only till January 12, 2006. The
Employee Union got support from various trade unions and demanded the intervention of
the state government to help resolve the dispute in their favor. TKM continued with partial
production of vehicles with the help of non-unionized workers and the management staff,
who were specially trained for these kinds of emergencies.
However, the company’s output had fallen from 92 vehicles per day to 30 vehicles with an
estimated production loss of around INR 700 million. The Company lifted the lockout on
January 21, 2006 stating that it was responding to the request from workers who eager to
return to work. The workers were required to sign a good conduct undertaking to maintain
discipline and ensure full production. The Employee Union relented and withdrew their
strike following a Government Order on January 21, 2006, which was against the strike and
referred the issue to the third Additional Labor Court. However, the union said that they
would not sign the good conduct declaration specified by TKM.
The unrest had other ramifications as the Toyota spokesperson said that the company
would rethink its recent decision to build a second car manufacturing plant in the state. It
was also felt that this incident would seriously affect the Karnataka Government’s efforts
in trying to attract Volkswagen to establish a vehicle manufacturing plant in the state. This
was the second dispute involving a Japanese vehicle manufacturer and trade unions in
India.

Contd...

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