MANAGER CURIO Vs. SECRETARY CURIO CENTRE WORKERS UNION

JUDGEMENT

(1.) The management is before this Court challenging the award passed by the second respondent. In the industrial dispute which was referred to as per G.O. Rt. No. 140/99 dated November 2, 1994 was adjudicated and by which the first respondent's workers/members are to be reinstated by the petitioner-management. The case of the first respondent before the second respondent was that the petitioner management was engaged in repairing old wooden articles and for that workers were engaged by the respondents. The workers formed a trade union and applied for registration. Since the workers prayed for registration of trade union, they were terminated. Therefore, the Labour Officer (Conciliation) was approached and at the instance of the Labour Officer, the Unit which was closed was reopened with effect from June 11, 1996. The Secretary of the trade union was not given reemployment and the other workers viz. Natarajan, Ramadoss, Vairakannu, Selvamani Prakash and Purushothaman were orally terminated.

(2.) The petitioner management contended that the workers were not employees of the petitioner and the petitioner management did not engage workers directly. It only engaged three workers namely Murugan, Sandhiyagu and Susila who worked in the shop in 1996 and none of other persons were employees of the petitioner management. At the earliest point of time viz. During the registration of workers union, the petitioner raised objection for formation of union. The petitioner further stated in the counter affidavit that there is no Employer - Employee relationship and the Union has got no locus standi to raise the dispute and that whenever there was work, the same is used to be entrusted to the workers on job basis. It is pointed out in para 5 of the counter that necessary details of names and description of the employees are not given in the claim statements filed by the Union. In fine the petitioner submitted the members of the first respondent union are not workmen of the petitioner.

(3.) On appreciation of pleadings and documentary evidence, the Labour Court reinstated the workers in the petitioner management without back wages. The award of the Tribunal was published in the gazette dated March 30, 2004. The said award is being challenged before this Court.