LAWS(MAD)-2011-6-275

MANAGEMENT OF SRI LAKSHMI SUDARSANA INDUSTRY NARASINGAMPATTI MELUR TALUK MADURAI DISTRICT Vs. PRESIDING OFFICER LABOUR COURT MADURAI

Decided On June 01, 2011
MANAGEMENT OF SRI LAKSHMI SUDARSANA INDUSTRY, NARASINGAMPATTI, MELUR TALUK, MADURAI DISTRICT Appellant
V/S
PRESIDING OFFICER, LABOUR COURT, MADURAI Respondents

JUDGEMENT

(1.) The Petitioner has filed the present Writ Petition seeking a relief of Writ of Certiorari in calling for the records of the First Respondent/Labour Court, Madurai relating to the award in I.D. No. 290 of 1996 dated 28.02.2007 passed by the First Respondent and to quash the same.

(2.) The Petitioner is a Partnership Firm registered with the Registrar of Firms as per Registration No. 348/81. The Petitioner/ Establishment has been engaged in the business of rendering Security services to the number of establishments including that of the Third Respondent/Company. The Petitioner is an independent establishment doing business of its own and supplying labour force on contract basis.

(3.) The Second Respondent (workman) has been appointed initially as a trainee for the purpose of Assistant Sergeant by an order, dated 20.04.1987, subject to the terms and conditions prescribed in the order of appointment. Later, he has been promoted as a SERGEANT by an order dated 13.09.1990. His last consolidated salary has been Rs. 2600/- per month besides House Rent Allowance of Rs. 260/- per month and conveyance allowance at Rs. 300/-. In all, he has been receiving a monthly salary of Rs. 3160 (Three Thousand One Hundred and Sixty Only). The Petitioner/Partnership firm appointed the Second Respondent and as per duties and responsibilities his work involves in (1) supervising of security arrangements, (2) allocation of duties to Security guards, (c) Sanctioning of leave to Security guards besides (4) assessing the progress of Trainees (Temporary/ A probationer) periodically and (5) submission of report to the unit Manager etc. He has been employed as a Supervisor and he has been receiving a monthly salary of more than Rs. 3000/- per month.