FLAKT INDIA LIMITED Vs. ASEA BROWN BOVERI LTD

JUDGEMENT

(1.) ALL the three writ petitions challenges the same Award in I.D.No.58 of 1999, dated 26.3.2008 passed by the II Additional Labour Court, Chennai. By the impugned Award, the labour court had directed reinstatement of the workman with continuity of service, but without backwages.

(2.) IN W.P.No.16810 of 2008, the petitioner is M/s.Flakt (INdia) Ltd., Numbal village, Chennai-600 077, represented by its General Manager. That writ petition was admitted on 16.7.2008. Pending the writ petition, this court had granted an interim stay. Subsequently, the workman P.Ramasamy filed two applications, one for vacate the stay granted and the another for the grant of an interim direction in M.P.Nos.4 and 5 of 2008. IN those two applications, this court after observing that since Flakt (INdia) Ltd. has been taken over by M/s.Asea Brown Boveri Ltd.,, whether the labour court had put notice on the new company was doubted and therefore, the court did not grant any direction and declined to grant any relief. At that stage, subsequently the matter was heard at length. By a detailed order dated 18.9.2009 this court directed the Flakt (INdia) Limited to pay the workmen the last drawn wages in terms of Section 17-B of the INdustrial Disputes Act. INsofar as the interim stay was concerned, it was made absolute and the vacate stay petition was dismissed. M/s.Flakt (INdia) Limited filed M.P.No.3 of 2008 for bringing M/s.Asea Brown Boveri Ltd., Mumbai-53 as third respondent in the writ petition claiming that they are the successor in interest. Hence they should be made as a party. That impleading petition was ordered on 28.10.2008.

(3.) THOUGH the management paid a consolidated amount of arrears of Rs.85,000/- and the matter was directed to be listed during April, 2010, since the matter was not listed, the workmen filed M.P.No.1 of 2011 for further direction to pay wages under Section 17-B with effect from 1.4.2010. That application is yet to be listed. The workmen also filed W.P.No.24851 of 2009 challenging the same award insofar as it had denied the backwages from the date of the dismissal dated 20.12.2004 till the date of the Award. That writ petition was admitted on 03.12.2009. In view of the interconnectivity among all the three writ petitions, they were clubbed together and a common order is passed.