Directorate of Industrial Safety guidelines must be followed by all car factories working amid lockdown: Madras High Court in Renault-Nissan case

The Madras High Court on Tuesday emphasized that certain COVID-19 safety guidelines issued by the State's Directorate of Industrial Safety on June 18 should be followed by all car manufacturing factories that are working while the lockdown remains in force (Workmen of Renault Nissan v. State of Tamil Nadu). .In particular, the Court directed Renault-Nissan to ensure strict enforcement of the June 18 guidelines by July 3, when an inspection is slated to be carried out after which a report would be filed before the Court. .Renault-Nissan told the Court that most of the guidelines are already in place and that all the guidelines would be complied with by July 3.."The guidelines recommended by the Directorate of Industrial Safety in the letter of June 18, 2021 should be followed by all the passenger car manufacturing factories till the lockdown is in place and the conditions imposed by the State are not relaxed. In particular, the management of Renault-Nissan will strictly enforce the guidelines and ensure that they are put in place by July 3, 2021 so that the inspecting team from the Directorate of Industrial Safety may assess the same on July 3, 2021," stated the order..The Court added that the inspecting team would be entitled to interact with the members of the workmen's union as well as individual workmen at the Renault-Nissan factory to assess whether the guidelines, being nine in total, are being complied with. A report based on the inspection to be conducted on July 3 is to be filed before the Court. .The interim order was passed by a Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar in a case moved by workmen of Renault-Nissan raising concern over the safety of those who have to work in factories which are exempted from the COVID-19 lockdown in Tamil Nadu. Certain related pleas by workmen of other factories have also been clubbed with this case..On earlier occasions the Court had urged the workmen and the management to discuss how a solution may be worked out and also ordered an inspection at the factory. .The Court had also earlier asked the Directorate of Industrial Safety and other officials to visit factory premises to apprise the Court of the working conditions and the maintenance of COVID-19 protocol and to suggest guidelines. .In view of lingering concerns from both the management side and from the workmen, the case remained pending before the Court. .One such issue related to the maintenance of a pitch ratio of 3:1 in the assembly lines. Such ratio would ensure that after every third car, there would be a gap where the fourth car was meant to arrive on the assembly line, so that the workmen get some breathing time..The management has argued that a Directorate of Industrial Safety report clearly indicated that the maintenance of the pitch ratio of 3:1 in the assembly lines would not be effective in ensuring social distancing during the course of work. .The Court noted that the Directorate has now recommended uniform guidelines to enhance social distancing in the assembly lines..The Court on Tuesday also took on record concerns raised on behalf of the management of the Renault-Nissan manufacturing facility in Oragadam that a level-playing field should be ensured so that same standards are applicable to all automobile manufacturing units, and not just Renault-Nissan..The workmen's union, on the other hand, sought to be included in discussions pertaining to job allocation. The management countered that there is nothing in the guidelines requiring the participation of workmen unions when it comes to the preparation of job allocation..Further, the Court noted the submission made by Hyundai Motor India Limited that its workmen have no grievance regarding the steps taken by the management. Moreover, Hyundai assured the court that it will comply with the June 18 guidelines issued by the Director of Industrial Safety and Health..The matter will be heard next on July 6..Senior Advocate V Prakash led the arguments for the workmen-petitioners. Advocate Sanjay Mohan appeared for Renault-Nissan..[Read Order]