Constitution of India guarantees the fundamental right of free speech and expression to every citizen in this democratic country. BUT an employee was recently intimidated with a suspension order on the ground that he was seen around canvassing for a political party during Loksabha Elections. The said employee is also a member of recognised Trade Union of KSRTC.

Interestingly, Trade Union members as per the Trade Unions Act, 1926 enjoys civil and political rights to participate in the activities that protects their political interest - including an activity to collect funds for political parties or participate in political rallies.

It is disheartening to see such a large State enterprise like Karnataka State Road Corporation (KSRTC) violates this basic right given to a worker in exercising their free will and duty to participate in the process of the adult franchise which extends beyond the scope of voting in the election. The Constitution including the right to vote, freedom to express their likes and dislikes against the political party or candidate, or form an association.

The Rule 9 of KSRTC Servants (Conduct and Discipline) Regulations, 1971 violates the Article 19(1) of the Constitution of India and about the conditions of service/regulations framed in the Trade Unions Act.

Such restrictions amount to interference in the political rights of an employee and are violative of the protection given by the Constitution.

Rule 9 needs to be scrapped as it undermines the freedom of the workers and in contravention to the Section 15 and 16 of the Trade Unions Act, 1926 which clearly provides for the workers who are members of the recognised Trade Union with specific rights to collect funds for the political parties, promote the civic and political interests of the worker-members of the Union.

Trade Union Act also provides for the workers-members who are also the employees of KSRTC to hold political meetings or distribute political literature or political documents of any kind. Thus, Rule 9 goes against the basic tenets of the labour laws.

KSRTC is mandated to abide by the rules and regulationsgiven by the Trade Unions Act, 1926 and yet framed Rule 9 in total violation of the workers' rights.

Section 16(2)(b) of the Trade Union Act clearly gives rights to the worker-member of the Union to hold any meeting or to distribute any literature or documents in support of any candidate. The said right to promote the civic and political interests of the workers-members under the Trade Unions Act cannot be curtailed by the general Act. Further, we don’t want the Government to interfere with workers’ freedom of speech and expression.

We urge the Under Secretary to Government, Home and Transport Department, Government of Karnataka, Bangalore to immediately withdraw the unconstitutional provisions laid down in Rule 9 of KSRTC Servants (Conduct and Discipline) Regulations, 1971.

The Rule 9 of C & D directly attacks the basic structure of our Constitution and such ultra vires provisions need to be removed immediately to safeguard the protection guaranteed by Dr.Babasaheb Ambedkar. 

WAKE UP from the colonial hangover!

STOP harassing the employees through the use of dismissal as a weapon to instil fear and stifle their voices!

STOP Victimisation of Trade Union Leaders!

KSRTC/BMTC, You cannot take away the rights given under the Trade Unions Act as well as the constitution.

REVOKE the suspension orders and stop all other unlawful proceedings against the workers for exercising their civil and political rights.

#WorkersRights #PoliticalRightsHumanRights #Don'tSupressOurVoice