CHACKO A. V. Vs. LABOUR COURT

JUDGEMENT

(1.) The question for consideration was whether an application for relief" under S.33(c)(2) of the Industrial Disputes Act (hereinafter referred to as. 'the Act') could be made by the representatives of the workmen.

(2.) Respondents 2 and 3 the Secretaries of two Beedi Thozhilali Unions filed a petition under S.33(c)(2) of the Industrial Disputes Act before the Labour Court, Ernakulam, claiming the terminal benefits due to 12 workers who were retrenched as per agreement between the employers and the union dated 11th October 1995. The petitioners, employers raised a contention that the claim petition under S.33(c)(2) of the Act had to be filed only by the employee or group of employees and not by the union or by representatives and such petition filed by the representatives or by the union, was not maintainable. Further, they wanted to have the above question decided as a preliminary issue and the Tribunal decided the above preliminary issue by Ext. P - 2 order in favour of the workmen. The above preliminary order is under challenge at the instance of the employers.

(3.) The learned Counsel appearing for the petitioners submitted that a claim petition under S.33(c)(2) of the Industrial Disputes Act cannot be filed by the representatives of the employees but it should be filed by the employee or group of employees in view of R.62A(2) of the Industrial Disputes Act (Kerala Rules). S.33(c)(2) under which the petition was filed would read as follows: