WORKMEN OF SHRI MUNIPACHAIAPPA TEXTILES P LTD THROUGH UNITED LABOUR FEDERATION Vs. MUNIPACHAIAPPA TEXTILES PVT LTD

JUDGEMENT

(1.) THE petitioner in all these writ petitions is a Trade Union, namely, United Labour Federation, registered under the Trade Unions Act. Majority of workmen of the respondent Textile Mills, namely, Munipachaiappa Textile Mills Pvt. Ltd., are the members of the petitioner Union. THE workmen employed in various industries are also members of the petitioner Union.

(2.) ACCORDING to the petitioner, when majority of the workmen of the Munipachaiappa Textile Mills, joined petitioner Union, the management took coercive steps against those workmen to curb the trade union activities of the petitioner Union. Pursuant to the same, 63 activists of the petitioner Union were denied employment from 24.08.2004 by way of lock out.

(3.) IT is their case that apart from 63 workmen, who were already on lock out, other workmen were also not given work from 24.10.2005 when the workmen called off the strike. However, it is admitted by both the sides, after some time, workmen were taken in a phased manner, barring those 63 workmen. Some of the workmen were dismissed from service after holding enquiries and those workmen raised Industrial Dispute individually and those cases could be pursued by the individual workman concerned. Both side agreed that the dispute relating to denial of work to 129 workmen for a certain period after 24.10.2005 till they were provided employment in a phased manner has to be resolved. The industrial dispute relating to those 129 workmen was not referred for adjudication by the Government in G.O.Ms.No.443, Labour and Employment Department, dated 29.07.2009 and the same is questioned in W.P.No.21763 of 2009.