VALPARAI ADIDRAVIDAR THOTTA THOZHILAR MUNETRA SANGAM REPRESENTED BY ITS GENERAL SECRETARY Vs. SECRETARY TO GOVERNMENT LABOUR AND EMPLOYMENT DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) THE writ petition is filed by the Trade Union, representing the workers of various estates operated by respondents 7 to 13, challenging the settlement signed under Section 12(3) of the Industrial Disputes Act, 1947 dated 01.07.2011 between Respondents 7 to 13 on the one side representing the Management and Respondents 14 to 25, the Trade Unions representing the workers on the other side.

(2.) THE petitioner claims that they represent 688 persons whose names are mentioned in the typed set. THEy are aggrieved by the settlement which took away the rights of the workers. THE petitioner Union is more aggrieved by Clause 4 and Clause 5 of the settlement, which reads as follows:-

(3.) IN the meanwhile, the INspector of Plantation filed suo motu proceedings claiming difference in wages between what was actually paid and the minimum wages notification in respect of various workers. When those orders of the minimum wages authority was challenged before this Court, only a conditional stay order was granted. Therefore, the Management in order to get over their liability to pay the minimum wage as per the provisions of the Minimum Wages Act entered into a settlement first under Section 18(1) and thereafter under Section 12(3) dated 01.07.2011, which is impugned herein as noted already.