MANAGEMENT OF KANCHEEPURAM MURUGAN SILK WEAVERS CO OPERATIVE PRODUCTION AND SALES SOCIETY LIMITED Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE following five questions framed by the Division Bench of this Court are the subject matters of the present writ petition, which are given as under: a) Whether the Domestic Weavers were not employees of the petitioner/society; b) Whether there was no employer/employee relationship between them; c) Whether the domestic weavers cannot be termed as workmen within the meaning of Section 2(s) of the I.D. Act; d) Whether in terms of G.O.Ms.No.723, Labour and Employment, dated 07.04.1982, registered Handloom Weavers Co-operative Societies were exempted from all provisions of the said Act including Industrial Disputes Act. e) Whether G.O.(D) No.39 dated 18.01.1994 fixing minimum wages of employment in handloom silk weaving industry was not applicable to the petitioner society as it is a co-operative society and therefore, the demand raised by the union should be rejected

(2.) EARLIER, the Industrial Tribunal in I.D.No.25 of 1997 dated 21.03.2002 by allowing the claim made by the Kancheepuram Murugan Silk Co-operative Society Weavers Union, directed the petitioner's Management to implement the G.O.(D) No.39 dated 18.01.1994 for the purpose of revision of wages and corresponding Dearness Allowance. Further, it was held that the Dearness Allowance is revisable according to the cost of index and rise in pay. Aggrieved by the said award, when the petitioner Management preferred a writ petition, learned Single Judge of this Court, by order dated 13.08.2004, by holding that the award passed by the Industrial Disputes has to be set aside on the ground that the Tribunal has not properly determined as to whether the union has got locus standi to bring forth such an Industrial dispute, by setting aside the award, remitted the matter back to the Tribunal. Aggrieved by the said remand order, the petitioner Management went on appeal before the learned Division Bench by filling W.A.No.3334 of 2004 inter alia raising other grounds that by virtue of notification issued in G.O.Ms.No.723, Labour and Employment dated 07.04.1982, the entire provisions of Industrial Disputes including Section 52 has no application to the Society and its members. As such the weavers of the petitioner Society cannot maintain the dispute under Industrial Dispute against the Management. The Division Bench, by setting aside the order of the learned single Judge, remanded the matter back to the Industrial Tribunal, by its order dated 12.04.2007, by framing the above mentioned five questions, with direction to place the writ petition for hearing on all aspects as mentioned above. This is how, this writ petition has come before this Court.

(3.) IN view of the above admitted position, unless the relationship of employer and employee is decided on the basis of oral and documentary evidence, the claim petition cannot be taken on record. Accordingly, the first point is answered against the Union by holding that the weavers union failed to establish the relationship of employer and employee. IN the absence of any substantial and accepted evidence to prove that the members of the weavers union are domestic weavers, that the domestic weavers are employees of the petitioner society; that there was a relationship of employer and employee between them, the INdustrial Tribunal should not have taken on record the claim petition, as the Tribunal has committed material irregularity without deciding whether there are relationship of employer and employees, the Award is legally not maintainable. Accordingly, issues No. (a) and (b) are answered against the weavers union.