Diplomatic missions not exempt from labour laws with respect to employees from receiving State: Madras HC
The HinduForeign diplomatic missions in India cannot claim any exemption from following the labour and social security laws of the country, at least with respect to Indians employed in their High Commissions and Consulates here, the Madras High Court has held. Article 33 of the Convention clearly states that only foreign nationals serving in a diplomatic mission would be exempt from the social security laws of the receiving State. He went on to write: “In respect of such employees to whom the exemption provided in the Article does not apply, the diplomatic agents shall observe obligations which the social security provisions of the receiving State impose upon employers. In such view of the matter, no immunity can be claimed by the management.” The judge also recalled the Supreme Court to have held in 1963 that industrial tribunals could not be deemed to be a court for the purpose of obtaining the Centre’s express permission before suing a diplomatic mission, and that employees could raise labour disputes against a foreign sovereign too.
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