RAM RENI TRANSPORT Vs. MURUKESAN,

JUDGEMENT

(1.) W.P.(C) No.2163 of 2018 is filed challenging Ext.P4 common award passed by the Industrial Tribunal, Palakkad, dtd. 6/11/2017 in Industrial Dispute No.2/2016. The 1st and 2nd petitioners are partnership firms engaged in stage carriage services.

(2.) Respondents 1 to 6 in the writ petition filed an application under Sec. 2 (A) (2) of the Industrial Disputes Act, 1947, seeking relief against the denial of employment by the management and also for reinstatement in service with back wages. Subsequently, the same subject matter was referred as per the Government Order dtd. 16/12/2015. The application filed under Sec. 2 (A) (2) of the Industrial Disputes Act, 1947, was taken on file as O.A.I.D. No.1/2015, and the reference was taken on file as I.D.No.2/2016, and as the issues and the parties were common, both the disputes were considered jointly leading to Ext.P4 common award.

(3.) The respondents 1 to 6 of this writ petition contended that they were working as Drivers, Conductors and Cleaners in the bus service owned by the 7th respondent, Managing Partner, NTP Bus Services. Later on, based on the contention raised by the management, M/s Ram Reni Transport, M/s Nithya Transport, M/s Nallappa Transport and M/s Manikandan Bus Services were impleaded as supplementary parties. The Workmen contended that the management was running buses bearing Registration Numbers (1) KL-10-Q8600, (2) KL-11 R 5851, (3) KL-13 P 8719, (4) KL 08 Z 9118, (5) KL 08 D 7135, (6) KL 08 AB 4007, (7) KL 09 B5670, (8) KL 13 H 7272 (9) KL 8 Y 1484 (10) KLQ 2005, (11) KL 9 AA 8060 and (12) KL 8 X 1683 and had many routes allotted by the Regional Transport Authority including inter-state permit on PollachiThrissur route. Alleging that the workmen were not paid their statutory entitlements and that the management had asked them to work in all buses the management owned and that the workers had worked in all the buses of the management which were plying in the name of NTP bus service interchangeably, a complaint was raised that the management had denied employment to them which was illegal and therefore they claimed reinstatement with back wages.