NELLIKKAI ESTATE Vs. ITS WORKMEN

JUDGEMENT

(1.) THIS is an application by the Superintendent of the Nellikkai estate, Vandiperiyar, under Article 226 of the Constitution, for quashing the award in industrial dispute No. 88 of 1957 of the Industrial Tribunal, Ernakulam, and published in the Kerala Gassette dated 28 April 1959. The respondent 1 is the workman of the Nellikkai estate, Vandiperiyar, represented by the president, Peermade Taluk Estate Labour Union, Vandiperiyar ; respondent 2 is the Industrial Tribunal, Ernakulam, and the respondents herein is the State of Kerala, The Government notification, including the award, is marked as Ex. P. 1 in these proceedings.

(2.) THE issue that was referred for adjudication of the tribunal by the State Government was: Whether the dismissal of the five workers named below from the Nellikkai estate is justifiable? If not justifiable, to what relief are the dismissed workers entitled ? Names of workers.- (1) Kajendran, (2) Thangavelu, (3) Rajiah, (4; Bhaskaranathan, and (5) Shanmugham.

(3.) THE circumstances under which the said issue was referred for adjudication, as disclosed by the affidavit filed in support of this application, are briefly as follows: On 17 July 1956 one of the workers, Bhaskaranathan, went to field No. 13 of the estate for work, half an hour late, and the plucking-writer informed the worker that no work could be given to him, as he has come late. The worker concerned vulgarly abused his official superior the plucking writer, and then the other four workers Rajendran, Thangavelu, Rajiah and Shanraugham involved in this enquiry, joined him and all of them incited the other workers working in the field to leave off their work. Accordingly, 33 out of 39 workmen left the field, without the permission of the plucking-writer.