Madras High Court Directs Employers In Unorganised Sector & Private Employment To Let Employees Cast Vote On Election Day Even If It Causes Inconvenience To The Employers

The Division Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy has recently made an appeal to all the employers to make it possible for their employees to cast their vote on election day, even if it entails a degree of inconvenience to the employers. 

 “Under the Constitutional scheme, every citizen has equal rights. However, not all citizens have the opportunities to exercise such rights in equal measure. At least on the date of election, the fraternal spirit that the Constitution espouses should prompt every citizen to make it possible for every other citizen to also participate in the celebration of democracy. Whether or not any transgression results in penal action, the Court appeals to all employers to make it possible for their employees to cast their vote on election day, even if it entails a degree of inconvenience to the employers.”, the Bench noted.  

The Bench was hearing a PIL filed under Art 226 of the Constitution of India to ensure that the persons primarily engaged in unorganised sector & in private employment are afforded a chance to participate in the exercise of voting at the Tamil Nadu Legislative State Assembly and bye-Election to Kanniyyakumari Constituency scheduled to be held on 06.04.2021 by directing the respondents to strictly implement Section 135B of the representation of the People Act, 1951, in respect of labourers working in the unorganized sector. 

The petitioner contended that the employers did not allow the employees to take a day off irrespective of the mandate u/s 135B of the Representation of the People Act,1951 that election day would be a paid holiday for all the employees who are entitled to vote & are engaged in any business, trade, industrial undertaking or any other establishment. He also highlighted the fact that there was little done for the enforcement of this provision & that the insignificant amount of fine in the provision did not work effectively as a deterrent. 

While disposing of the PIL, the Bench emphasised on the need for publication of appropriate directions by the State Government and the Election Commission to make the employees aware of their rights to enable them to assert themselves and take appropriate steps to exercise their franchise. 

“The Election Commission may also indicate that subsequent complaints may be entertained and if found credible, the complaints may result in criminal proceedings being instituted.”, the Court observed.

Case Title: M Ahamed Shahjahan v. Chief Electoral Officer| W.P.No.7720 of 2021