MANAGEMENT OF ORIENTAL MERCANTILE AGENCY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated July 7, 1970 of a Division Bench of the High Court at Madras in Writ Petition No. 122 of 1969, quashing an award dated May 25, 1968 of the first respondent, the Presiding Officer, Labour Court, Madras.

(2.) While allowing the writ petition the learned Chief Justice, who delivered the judgment of the Bench, observed that the petition discloses "an unfortunate state of affairs". We are in regretful agreement with that observation. It shall be our endeavour to find a solution to the unfrotunate situation arising out of irreconciliable orders passed by the learned Judges of the High Court.

(3.) In 1961 the appellants, Oriental Mercantile Agency, retrenched six of their workmen resulting in an industrial dispute which was referred by the Government of Madras to the Labour Court for adjudication. The question referred to the Labour Court was whether the non-employment of the six workmen was justified and what relief they were entitled to. By its award dated June 14, 1963 the Labour Court (Shri M. S. Abdul Azeez) held that the non-employment of the workmen was justified and therefore they were not entitled to any relief.