Jet Airways pilots have the right to form a union
Jet Airways management is not only arbitrarily sacking pilots but also restricting their fundamental right to form a union. This is against the provisions of the Constitution of India and also a case of unfair labour practice.
THE JET Airways is at it again, although this time it is on the larger issue of whether an employee has the right to organise an union or not. For the last three days, the print and electronic media are filled with statements from Naresh Goyal, founder chairman of Jet Airways, with regards to his unacceptability about the formation of a union by the pilots employed at the Jet Airways. The arguments look trivial, as they almost ignore the existing provisions. Further, his posture doesn’t give projection of a seasoned businessman.The Constitution of India under Article 19 (1) (C) grants fundamental right to all citizens to form associations or unions. The constitution does not restrict this right to a workman as had been claimed by Jet Airways. The Trade Union Act 1926, as amended from time to time provides that trade unions of employees of a company can be registered.
As such, Jet Airways management is not only arbitrarily sacking pilots but also restricting their fundamental right to form union. Thus, it is violating the provisions in the Constitution of India as also the Trade Union Act and such is a case of unfair labour practices. The only option available to the Jet Airways management, in the present case is to take back the sacked pilots as the same is not good in the eyes of law. Enter into discussions with the union’s representative, since they alone (and neither the media nor the politicians) can bring out the Jet Airways from its present downturn. India is not a banana republic and Naresh Goyal is no not running a ‘parchoon ki dukan (general store)'.
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