VIJAYKUMAR MILLS LTD Vs. LABOUR COURT

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution to call for the records in claim petition No. 291 of 1958, on the file of the labour court, Madurai, and quash the order dated 6 January 1959 passed thereon.

(2.) THE respondent 2, Palanlswami, was one of the workers, who was in the service of the mills from 2 July 1956. It is stated on behalf of the management that he joined as a temporary band at the beginning and two months later he was taken as a learner. He continued to work in that capacity till 31 May 1957. During that period his name was entered in the muster rolls of the mills under the heading "learner. " After June 1957 till February 1958 he was regularly working in the mills but Ms name was included in the list of workers mentioned in the muster rolls as " badli workers. " It is the case of the respondent 2 that he was laid off from June 1958 till 6 July 1958 due to a cut in the electricity. As during that period he was not paid any compensation under Section 25c of the Industrial Disputes Act he applied to the labour court, Madurai, for an order under that section. The management contested the petition on the ground that the respon-det 2 was only a badli worker and that he was not entitled to the lay-off compensation. There was also an objection to the maintainability of the petition; it is not necessary to consider that point as the same has not been pressed before me.

(3.) THE labour court upheld the claim of the respondent 2 and ordered the management to pay the sum of Rs. 33. 88 np. Aggrieved by that order, the management has filed an application under Article 226 of the Constitution for quashing the order of the labour court.