P N BALASUBRAMANIAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The writ petition is filed by the Petitioner/employee against the common award passed by the I Additional Labour Court, Chennai in I.D. No. 556/1993 insofar as it relates to the claim of the Petitioner for computation of benefits to which he in entitled as per the terms of General Office Orders of EID Parry (India) Limited, the second Respondent.

(2.) The second Respondent is engaged in the manufacture and sale of sugar, fertilizer pesticides, chemicals, ceramics, etc. having branches all over India. The Petitioner joined as a Clerk on June 1, 1962 and having worked in various branches, he lastly worked as Clerk in Farm Inputs Division, Dare House, Chennai. He became a member of EID Staff Association, which is a registered Union and he worked as an Executive Committee Member.

(3.) The Petitioner has filed the writ petition against the dismissal of industrial dispute on the basis that the award has been passed without application of mind and there is error apparent on the face of the record and the Petitioners right to get benefit as per General Office Orders cannot be taken away and the finding of the Labour Court is contrary to the evidence on record and the oral and documentary evidence has not been properly appreciated in the manner known to law and the Labour Court ought to have considered that there was coercion and threat by the second Respondent management in obtaining the signature and it was due to the pressure of transfer to Delhi, the so-called 18(1) settlement was entered and the Labour Court failed to take the case of the workmen but accepted the case of the employer that there was no threat. It is also stated that the Labour Court refused the counsel for the Petitioner to cross-examine the witnesses and therefore, non-suiting the Petitioner is on improper and illegal grounds and the appreciation of evidence on the side of employer and acceptance of the same by the Labour Court is opposed to law and the order of the Labour Court is against Section 11-A of the Industrial Disputes Act and the findings of the Labour Court are unsustainable.