ELASTREX POLYMERS PVT LTD Vs. NAGARAJU

JUDGEMENT

(1.) The petitioner is a Company registered under the Companies Act, engaged in manufacture of rubber products used in manufacturing 'hawai' chappals. The respondentsworkmen filed an application under Section 33C(2) of the Industrial Disputes Act, 1947, before the Principal Labour Court, Bengaluru in Application No.10/2015.

(2.) The petitioner-Company filed objections statement and I.A.No.2 contending that the Principal Labour Court, Bangalore, has no territorial jurisdiction to entertain the application of the respondents-workmen, in view of the Government notification dated 22.01.2015 conferring the jurisdiction of matters relating to industrial disputes of Nelamangala area, Bengaluru to the Prl. District & Sessions Judge, Bengaluru Rural District. The Prl. Labour Court having rejected I.A.No.2 filed by the petitioner herein, the petitioner is assailing the said order dated 09.08.2017 in this writ petition.

(3.) It is necessary to notice that the Labour Court had passed an award dated 14.12.2001 directing the Management to pay the workmen-respondents backwages at 50% but denied continuity of service to the workmen. Both the Management and the workmen assailed the award before this Court. The Management questioned the correctness of the award insofar as payment of 50% of backwages, while the workmen questioned the denial of continuity of service. This Court, by order dated 13.06.2006 dismissed the petition filed by the Management and allowed the petition of the workmen and granted continuity of service. In W.A.No.3140/2005, the Division Bench set aside the order of 50% backwages, while confirming the direction regarding continuity of service to the workmen. When the matter was taken up before the Hon'ble Supreme Court of India in Civil Appeal No.3765/2015, by order dated 13.04.2015. Their Lordships modified the award and directed payment of 20% of backwages. The respondentworkmen herein approached the Labour Court by filing an application under Section 33C(2) of the Industrial Disputes Act. However, it is important to notice that the respondentsworkmen herein were denied payment of backwages on the ground that they were not parties before the Hon'ble Supreme Court in Civil Appeal No.3765/2015.