SOUNDARARAJAN V Vs. PRESIDING OFFICER LABOUR COURT COIMBTORE

JUDGEMENT

(1.) These five writ petitions were filed by the workmen challenging the Award passed by the first respondent-Labour Court, Coimbatore by a common Award dated January 5, 1994.

(2.) The workmen were admittedly employed as Badlis in the second respondent-Akshya Textile Ltd. They claimed that they were dismissed from service from December 1, 1984. Thereafter, an industrial dispute was raised before the conciliation officer. Subsequently on the strength of the failure report, the matter was referred for adjudication by the Labour Court. The reference that was made was "Whether the non-employment of the concerned workers was justified? If not to what relief they are entitled to." The Labour Court took up those disputes as I.D. Nos. 239 to 241, 273 and 275/1987 and issued notice to the Management.

(3.) The grievance of the workmen was that their services were terminated on the ground that they were absent for 8 consecutive days from March 1, 1984. However, the workmen attempted to justify their stand by stating that even after the period of alleged absence, they had worked in the mills. However, the Labour Court by its common Award held that they were not entitled for reinstatement but only eligible for a lumpsum amount of Rs. 2,000/-. Aggrieved by the said Award, the Workmen filed two writ petitions before this Court being W.P. No. 10975/1989 and W.P. No". 10918/1990. This Court by an order dated, September 8, 1993 allowed those two writ petitions and set aside the impugned Award and directed for their fresh disposal. It was hold that the parties must be allowed to adduce evidence to establish their respective cases and by giving liberty to both sides to lead evidence, the matters were remanded. On such remand, the Labour Court once again tried the issue.