LAWS(MAD)-2011-10-248

DEPUTY GENERAL MANAGER, STERLINGS SPINNERS LIMITED Vs. PRESIDING OFFICER, LABOUR COURT, TRICHY (DINDIGUL CAMP) AND P JAIGANESH

Decided On October 21, 2011
Deputy General Manager, Sterlings Spinners Limited Appellant
V/S
Presiding Officer, Labour Court, Trichy (Dindigul Camp) And P Jaiganesh Respondents

JUDGEMENT

(1.) The petitioner is the Management of Sterlings Spinners Limited at P.Pudupatti, represented by its Deputy General Manager. In this Writ Petition, the challenge is made to a common order passed by the first respondent Labour Court, Trichy, at its Dindigul Camp, dated 25.04.2009 made in various I.Ds, starting from I.D.Nos. 184 of 2004 and ending with I.D.No.121 of 2007.

(2.) When the Writ Petition came up for admission on 18.11.2009, notice of motion was ordered. I.A.No.119 of 2007 in I.D.No.126 of 2003, raised by the petitioner and the said I.A. was tried along with several I.As. in various I.Ds., relating to the same petitioner Management and a common order was passed on 25.04.2009. By the impugned order, the Labour Court held that it is unnecessary to try any preliminary issue separately and all issues can be comprehensively tried by the Labour Court at the disposal of the main I.Ds.

(3.) It is seen from the records that the workmen employed in the petitioner Mill raised industrial disputes under Section 2(A)(2) of the Industrial Disputes Act, 1947, including the second respondent. The grievance projected by the workmen was that a general dispute under Section 2(k) was pending conciliation before the Conciliation Officer and at that time, charges were framed against the workmen and despite request for postponing the enquiry, an ex parte enquiry was conducted and they were all dismissed from service. On the strength of the failure report given by the Conciliation Officer, claim statements were filed before the Labour Court and the Labour Court registered the case of the second respondent as I.D.No.126 of 2003 and notice was ordered to the Management.