MANAGEMENT OF PANKAJA MILLS LIMITED Vs. K NITHYANANDAM

JUDGEMENT

(1.) This writ appeal arises out of order in W.P. No. 18597/1993 quashing G.O. Ms. No. 1746 dated August 11, 1987. Whether learned single Judge was right in directing the Government to refer the dispute to the concerned Labour Court is the short point falling for consideration in this appeal.

(2.) The brief facts are that the appellant is a unit of National Textile Corporation Limited, which is a subsidiary of National Textile Corporation Limited, New Delhi. According to Workmen, they have joined the services of the appellant Mills in 1984 on daily wages. The workmen - 8 workers out of 10 workmen were working in the Spinning Department and two others were working in Cone Winding Department. Grievance of workmen is that there was no absorption and regularisation in service even after 3 years. The workmen have joined Coimbatore Bharathiyar Thozhilalar Sangam and requested appellant Management to recognise them into permanent service and to confer status of permeant workmen so as to have all the benefits available as other workers in the same factory. The further grievance of workmen is that the Management became inimical and hostile against them and with a view to victimise them removed their names from the rolls of the mills in November 1986 without any reason and they were not engaged after November 1986. The workmen had raised an Industrial Dispute under Section 2-A of the Industrial Disputes Act. By order in G.O. Ms. No. 1746 Sated August 1 1, 1987, the Government declined to refer the dispute for adjudication on the ground that the workmen had not worked for 240 days in a period of 12 months and that they were not entitled to permanent status.

(3.) Challenging G.O. Ms. No. 1746 dated August 11, 1987 and seeking for writ of mandamus to direct the Government to refer the dispute to the Labour Court for adjudication, workmen have filed Writ Petition No. 18597/1993. Learned single Judge quashed the said Government Order holding that the Government Order passed is not valid in law. Observing that opportunity is to be given to the workmen to adjudicate the Industrial Dispute, learned single Judge granted mandamus directing the Government to refer the dispute to the Labour Court. The order of learned single Judge is challenged in this writ appeal.