RAMARATNAM K S Vs. LABOUR COURT

JUDGEMENT

(1.) This writ petition is for issue of a writ of certiorari to call for the records on the file of the first respondent in I. D. No. 1109 of 1991, dated May 5, 1994, and to quash the same.

(2.) The petitioner was an employee under the second respondent. He was working in the company in the package division. He joined as godown-in-charge originally. After a long number of years, on July 31, 1991, the second respondent issued a letter, terminating the services of the petitioner. He was not informed about the closure of the package Section earlier. Therefore, an industrial dispute was raised by the petitioner before the Labour Court in I. D. No. 1109 of 1991. The Labour Court, after recording the evidence and considering the arguments of both sides, passed an award, holding that the termination of the petitioner was legal, and therefore, this writ petition has been filed, challenging the award of the Labour Court.

(3.) Learned counsel for the petitioner submitted that the termination of the agreement between the second respondent-firm and another firm is not correct inasmuch as in both the partnership firms, the partners are one and the same, and, therefore, that cannot be a ground to terminate the employees. Further, it is submitted that this termination amounts to retrenchment and that the package division was not closed at all. He has also preferred an application before the Labour Court that in his place, a person by name Ramachandran of Nanganallur was appointed after his termination. Therefore, there is no actual closure of package Section.