RAVICHANDRAMOORTHY R Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE petitioners were appointed in the second respondent-management as Chemistry Lab Assistant, carpenter and pump operator on February 26, 1986, October 18, 1984, March 18, 1985, respectively. On March 31, 1988, the services of first and fourth petitioners were terminated. On March 17, 1988, the services of second and third petitioners were terminated. Hence, the petitioners filed claim statement before the Labour Court, Coimbatore questioning the non-employment along with 16 other employees on the ground that the same is illegal and unjustified and for an award, directing the second respondent to reinstate the petitioners with full back-wages and continuity of services and other benefits along with compensation, interest and back- wages. The said dispute was adjudicated in I. D. No. 346 of 1989. By an award, dated February 16, 1995, the Labour Court, Salem, directed the second respondent herein to pay only compensation to the petitioners while declining reinstatement. As against the said award, the petitioners have filed the present writ petition.

(2.) SRI S. Ayyathurai, learned counsel appearing for the petitioners would challenge the termination on the ground of non-compliance of Section 25-F of Industrial Disputes Act (hereinafter called as the Act), which would vitiate the orders of termination, and consequently the petitioners are entitled to reinstatement with back-wages and other attendant benefits. Learned counsel submitted that Labour Court failed in taking into consideration the non-compliance of Section 25-F of the Act, in the proper perspective.

(3.) SECONDLY, learned counsel would challenge the order of termination on the ground of victimisation of all the workmen, including the petitioners. The orders of termination were passed against the petitioners only for the reason that the petitioners participated in the trade union activities. Further, the orders of termination were passed on two different dates, i. e. , on March 7, 1988 and March 31, 1988.