Q. What action can be taken against the employees guilty of indulging in obstructing the superior officers in their movement or putting hindrance in their work?
Ans: If an employee indulges in obstructing the superior officer in his movement or putting hindrance in his work, he will naturally be guilty of insubordination. Insubordination includes defiance of the person in authority. It should be taken as an implied rule of service that the higher officers would not be prevented from bringing to the notice of the management the wastefulness or any other defect of the workmen. When two workers were charged for preventing the superior officer of other department from discharging his duties, then it was held that they were guilty of insubordination.1 When a manager is wrongfully restrained or confined with a view to make him concede the demands of the workers, it would be the height of insubordination.2 The Madras High Court has held that the right to strike is even though valid in law, it does not mean indulging in violence and obstructing the movement of men and material hence such activities, if resorted to, can be validly restrained by the court.3
References:
- Calcutta Jute Mfg. Co. Ltd. v. Workers’ Union, 1961 (II) LLJ 686: (1962) Supp 1 SCR 483.
- Titagah Paper Mills Ltd. v. Employees’ Union, 1957 (II) LLJ 550 (LAT).
- Avtec Limited, Power Products Division, Poonapally, Hosur v. Superintendent of Police, Krishnagiri District, 2009 LLR 62 (Mad HC).
