SUNDARAM TEXTILES LTD Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) In all these writ petitions, the petitioner is the management, has come forward to challenge the common order passed by the Labour Court, dated 13.06.2011 in I.D.Nos. 25, 26, 27, and 28 of 2010. By the impugned order, the Labour Court held that the dispute raised by the contesting respondent workmen under Section 2A of the Industrial Disputes Act, is maintainable as an industrial dispute and rejected the preliminary objection raised by the management. Challenging the preliminary order, even during the pendency of that issue, the writ petitions came to be filed.

(2.) When the matter came up on 06.09.2011, this Court gave an interim direction not to proceed further beyond examination of the witnesses. The writ petitions are yet to be admitted and notice are yet to be served on the respondents.

(3.) It is seen from the records produced by the petitioner that the contesting respondents were appointed by the petitioner textile mill on probation on various dates. Subsequently, it transpires that on 17.02.2009, they have transferred from Nanguneri mills to Guntur in Andhra Pradesh, Kolkatta, Adilabad at Karnataka and Gujarat States, to work under some private traders. The workmen did not report for duty at the transferred places. On the contrary, they raised a dispute under Section 2A(2) of the Industrial Disputes Act alleging that the transfer is far away places without having any authority to different companies amounting to termination of service and they are not entitled for joining for new places and therefore, it cannot be presumed that they were not non employed from the date of transfer namely, 17.02.2009.