UNITED LABOUR FEDERATION Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This appeal filed by the appellant, United Labour Federation through its General Secretary, is directed against the judgment dated 29th Oct., 2008, passed in W.P. No.20172/07 and 28487/07, whereby learned single Judge dismissed the writ petition holding that the impugned orders challenged in the writ petitions needs no interference by the Court.

(2.) The appellant/writ petitioner filed W.P. No.20172/07 challenging the order of the Government of Tamil Nadu in G.O. (D) No.362, L&E (C) Dept., dated 17th May, 2007, declining to refer the alleged industrial dispute raised by the appellant for adjudication. The 3rd respondent, M/s. Dynaspede Integrated Systems Pvt. Ltd., also filed W.P. No.28487/07 challenging the Government Order in G.O. No.589 dated 1st Aug., 2007, referring for adjudication the charter of demands raised by the appellant, United Labour Federation as well as the Management of Dynaspede Integrated Systems Pvt. Ltd. and Hosur Electronics and General Engineering Pvt. Ltd. The present appeal has been filed only by the appellant and, therefore, this appeal is confined only against the judgment deciding the writ petition, being W.P. No.20172/07.

(3.) The facts of the case lie in a narrow compass. The 3rd respondent, M/s.Dynaspede Integrated Systems Pvt. Ltd. (in short 'Dynaspede') was engaged in the manufacturing of load cells, eddy current drives, panel boards, etc., for export and also for defence and other requirements. The manufacturing unit was operating in Plot Nos.135 and 136-A, SIPCOT Industrial Complex, Hosur. In the said factory, about 110 workers were employed and out of them, 57 persons are the members of the present appellant Union. It appears that in the year 1989, the workers started an Union in the name of Hosur Electronics and General Engineering Workers Union. It was alleged by the Union that the Management of Dynaspede imposed illegal lockout and took the signatures from the workers under a settlement entered into u/s 18 (1) of the Industrial Disputes Act. In terms of the said settlement, the management allegedly claimed to have closed down the unit and settled the terminal benefits of the workers and brought them on the role of a new company by the name Hosur Electronics and General Engineering Pvt. Ltd. (in short 'HEGE'). The said company was formed by the Management of Dynaspede. The contention of the writ petitioner was that, for the purpose of evading legal obligations towards its workers, Dynaspede leased out the factory in favour of HEGE. On these allegations, in the year 2006, the petitioner/appellant raised an industrial dispute as against the Management of Dynaspede and HEGE, inter alia contending that Dynaspede is the real employer of the workmen and, therefore, the workmen are entitled to be made permanent in the services of Dynaspede. However, the appropriate Government declined to refer the dispute for adjudication by the impugned order in G.O. (D) No.362 dated 17th May, 2007, on the ground that the factory of Dynaspede was closed in the year 1989 and that the workers had accepted the compensation pursuant to the settlement.