R. UMESH Vs. T.R. SIDDAPPA AND OTHERS

JUDGEMENT

(1.) These writ petitions are filed by the petitioners being aggrieved of the order dated 31/03/2010 passed by the Labour Court, Mysore dismissing the claim petitions filed by the petitioners.

(2.) The facts to be stated in brief are that petitioners had joined the service of the respondent establishments. The respondents ill-treated the petitioners compelling them to live with meager wages which amounts to highhandedness and unfair labour practice. The petitioners with other employees formed a trade union namely, Sri. Adichunchanagiri Hospital and Medical College Employees Association, in order to protect themselves from exploitation and to improve their service conditions. The respondents took vindictive attitude towards the employees who joined the trade union and started harassing them, brought pressure to withdraw from the trade union and also threatened with dire consequences including dismissal from service. As an vindictive attitude, the respondents transferred seven active members of the trade union to various places and 38 workmen have been dismissed from service w.e.f., 20.11.2000 as a game plan to crush the legitimate trade union activities.

(3.) The petitioners gave a call for strike of half an hour to support the 7 workmen who had been illegally transferred and that the respondents refused to allow all the workmen to do the work till 25.09.2000 and thereafter also, the employment was refused to all the workmen amounting to illegal lockout. Though lockout was prohibited, the respondents not only refused employment, but also terminated their services and insisted that whoever wants to join work have to sign memorandum of settlement in Form H-contrary to the law, used police force to bring pressure on the workmen to accept the terms and also threatened that if anybody wants job, they must affix their signature to the undertaking form. When the conciliation proceedings were in progress, due to pressure of the conciliation officer, agreed as per letter dated 01.12.2001 to engage the services of some of the employees by taking undertaking. Those who were from the local areas were transferred to distant places where there are no institutions but only Mutt and thus offer of employment was only an eye-wash. The workmen who allowed to work obtaining an undertaking, were paid less salary creating anomaly and differentiation among the employees.