TANCOF REP BY ITS LIQUIDATOR Vs. DAVID KARUNAKARAN

JUDGEMENT

(1.) THE petitioner is the Liquidator of Tamil Nadu Cooperative Oilseeds Growers Federation Ltd., (for short 'TANCOF'). In this Writ Petition, the Liquidator has challenged the award passed by the Labour Court, in I.D.No.77 of 2002, dated 24.03.2007. By the impugned award, the Labour Court set aside the termination of the first respondent, directing his reinstatement with backwages.

(2.) IT is the claim of the first respondent that he was working as an Assistant in the petitioner-TANCOF from the year 1990. But, however, by order dated 1.8.2001, he was terminated from service, contrary to the principles of natural justice. As against the order of removal from service, the petitioner raised an Industrial Dispute, before the Conciliation Officer and as the Conciliation Officer could not bring out mediation, he gave a failure report, dated 5.4.2002. On the strength of the failure report, the first respondent filed a claim statement before the Labour Court. The Labour Court, registered the dispute in I.D.No.77 of 2002 and issued a notice to the Chairman of the TANCOF and the Assistant Manager, Agronomic Training, Center, Neiveli. A counter statement was filed before the Labour Court, wherein, it was informed that the petitioner is working only as an agricultural labourer and not as a regular worker and in a month, he used to work only for ten days and hence, the provisions of Industrial Disputes Act, 1947, will not apply.

(3.) IT is not necessary to go into the merits of the dispute, inasmuch as, the factum of liquidation was not brought to the notice of the Labour Court and the Liquidator has not been made as a party, to defend the proceedings. Under Section 139 (2) (a) of the Tamil Nadu Co-operative Societies Act, it is only a liquidator, who could defend any suit or legal proceedings, on behalf of the Registered Society, by the name of his Office. Therefore, the impugned award passed by the Labour Court does not stand a legal scrutiny.