LAWS(MAD)-2011-3-620

MANAGEMENT OF V G P GOLDEN BEACH RESORTS LTD CHENNAI Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL CHENNAI

Decided On March 10, 2011
MANAGEMENT OF V.G.P. GOLDEN BEACH RESORTS LTD. Appellant
V/S
PRESIDING OFFICER INDUSTRIAL TRIBUNAL Respondents

JUDGEMENT

(1.) COMMON ORDER Considering the fact that awards have been passed by way of a common order which is the subject matter of the Writ Petitions, all the Writ Petitions have been taken up together and a common order is passed.

(2.) FOR the sake of brevity, the petitioners in W.P.Nos.14527, 14305 to 14308 of 2002 are taken as the petitioners and the management who is the respondent in those cases and the petitioner in W.P.No.13565 and 13566 of 2002 are shown as the respondents.

(3.) BEFORE the Labour Court, five witnesses have been examined on behalf of the employees, who are the parties to the Writ Petitions herein. The Management examined one witness in M.W.1. Exs.W-1 to W-28 have been marked by the employees and Exs.M-1 to M-29 have been marked by the Management. The Labour Court on examination of the statements filed by the parties, coupled with the evidence available on record, both oral and documentary, was pleased to order reinstatement with backwages and other benefits in so far as the second respondent in W.P.Nos.13565 and 13566 of 2002 is concerned and dismissed the same against others on the ground that, the petitioners in W.P.Nos.14305 to 14308 of 2002 are not workmen, within the purview of Section 2(s) of the Industrial Disputes Act, 1947, having discharged their duties in a supervisory capacity. The Labour Court also found on facts that the order of transfer was not legally valid and the consequential order of termination was also not correct. However, it has dismissed the claim petition filed by the petitioners herein on the ground of lack of jurisdiction. Hence, both the petitioners and the Management have come forward to file the present Writ Petitions before this Court. Submissions of the Petitioners: