RANGASAMY Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) HEARD the arguments of Mr.R.Selvakumar, learned counsel for the petitioner and Mr.Vijay Narayan, learned senior counsel appearing for Mr.R.Parthiban, learned counsel for the 2nd respondent management.

(2.) THESE two Writ Petitions were filed against the order passed by the 1st respondent Labour Court in I.P.Nos.298/2009 and 297 of 2009 made in C.P.Nos.1 of 2005 and 1231 of 2004 dated 3.8.2010. The two petitioners herein along 68 other workers, who were ex-employees of the 2nd respondent Mill filed a Claim Statement under Section 33-C (5) read with 33-C (2) of the Industrial Disputes Act before the Labour Court claiming certain amounts towards lay off compensation on the plea that the 2nd respondent management did not get prior approval for laying-off of the workmen. Therefore, in terms of Section 25-M (8) of the Industrial Disputes Act, they are entitled to get wages.

(3.) THE Labour Court after hearing the workmen on the interim application held that the workmen cannot come up with the new plea and the amendments were vague and they cannot bring into the concept of 'closure' at this belated stage. Having taking such a stand, the Labour Court dismissed the application. Though in the said application, there were 70 workers, only 2 workers have come forward to challenge this identical order passed by the Labour Court.