LARSEN AND TOUBRO LIMITED PONDICHERRY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorari to quash the Award of the Labour Court in I.D.Nos.54 and 59 of 2001 dated 31.1.2003 whereby the Labour Court, Pondicherry directed the PETITIONER-Management to reinstate the Respondents-Workmen w.e.f. 21.8.1998 with half back wages and with continuity of service and other attendant benefits.

(2.) SINCE common points arise for consideration, both the Writ Petitions were taken up together and disposed of by this Common Order. For convenience, the Writ Petitioner is referred as Petitioner-Management and Workmen are referred as 2nd Respondent-Workmen.

(3.) PETITIONER-Management resisted the Industrial Disputes contending that 2nd Respondent-Workmen worked as contract labourers through contractor during the intermittent intervals. According to the PETITIONER-Management, 2nd Respondent-Workmen were having no qualification and therefore, by the order dated 08.7.1996, they have been appointed as trainees imposing condition that appointment is subject to their passing apprenticeship examination in the first attempt. As per the contract, training period is for two years and no assurance was given to the 2nd Respondent-Workmen for permanent work. According to PETITIONER-Management, after the expiry of training period, their services would automatically cease and after the expiry of training, the 2nd Respondent-Workmen were ceased to attend the factory. Case of PETITIONER-Management is that 2nd Respondent-Workmen cannot be compelled to take trainees on regular basis despite their inefficiency found during the training period and PETITIONER-Management prayed for dismissal of the Industrial Disputes.