MANAGEMENT OF CAMBODIA MILLS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner herein, viz., Cambodia Mills Limited, filed the present writ petition challenging the common order, dated 02.9.2004 passed by the Labour Court in various claim petitions filed by the contesting respondents starting from C.P.No.110 of 2004 to C.P.No.164 of 2004.

(2.) THE contesting respondents/workmen were represented by Coimbatore District Annai Indira Desiya Panchalai Thozhilalar Sangam affiliated to INTUC, before the Labour Court. THE claim petitions filed by the workmen were under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter will be referred to as 'the Act' for short) and the workmen claimed payment of full wages for the period from January 2002 to December 2002, during which, the petitioner management laid-off the workmen. THE lay-off was purported to be for the reason that there was some power failure or power trippings, which according to the management, is beyond their control and the workers were not given any work during the said period.

(3.) THE petitioner management, on receipt of notice from the Labour Court, filed a counter statement dated 19.7.2004. Before the Labour Court, on behalf of the workmen, four documents were filed and they were marked as Exs.P.1 to P.4. On the side of the petitioner management, three documents were filed and they were marked as Exs.R1 to R3. THE workmen also relied upon the earlier order passed by the Labour Court, dated 18.3.2004 in C.P.Nos.866 to 905 of 2002 for the earlier period and it was marked as Ex.P.4. In so far as the management is concerned, they marked Standing Orders as Ex.R.1 and the Report relating to stock position of the yarn for the year 2002 as Ex.R.2 and the copy of Annual Report as Ex.R.3. THEre was no oral evidence let in.