MANAGEMENT OF AXLES INDIA LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) All these writ petitions have been filed by the Management, challenging the common order passed by the Industrial Tribunal, Madras, dated 12.10.2009, on the complaints filed by the 2nd respondent in these writ petitions/workmen under section 33-A of the Industrial Disputes Act in I.D.Nos.34 of 2004 and 22 of 2005 with regard to the maintainability of the complaints.

(2.) The facts, as set out in the writ petitions, which are necessary to decide the issue involved in these writ petitions, are as follows: The writ petitioner, viz., M/s.Axles India Limited, is a company registered under the Companies

(3.) At the time of issuing the discharge order dated 15.12.2006, three different disputes raised by the Axles India Workers' Union were pending before the I Additional Labour Court as well as the Industrial Tribunal. Therefore, it has become necessary for the petitioner management to get an approval under section 33(2)(b) of the I.D.Act. Out of the 3 disputes, I.D.No.34 of 2005 was pending before the I Additional Labour Court, Chennai and other two disputes in I.D.Nos.34 of 2004 and 22 of 2005 were pending before the Industrial Tribunal. I.D.No.34 of 2005 pending before the I Additional Labour court, Chennai, was pertaining to the dispute raised by the Union in respect of the transfer of 18 employees from Sriperumbudur factory to the factory at Sipcot complex, Gummidipoondi. I.D.34 of 2004 relates to the dispute raised by the Union in respect of promotion given to 12 employees to the post of Technical Assistant without following the seniority list. The other I.D.22 of 2005 relates to the change of shift timings and change in the number of shift by the management.