D C M HYNDAI LTD REP BY COMPANY SECRETARY G RAM RAJ D C M HYUNDAI LTD Vs. STATE OF TAMIL NADU REP BY SECRETARYTO GOVERNMENT

JUDGEMENT

(1.) All the three writ petitions were filed by the same management. In the first writ petition, the petitioner challenges an order of the State Government in issuing the revenue recovery certificate in favor of one Arulanandam and 48 other workers under Section 33-C(1) of the Industrial Disputes Act, 1947. By the said certificate, the State Government had granted the certificate authorizing payment of salary for workers for the months of June and July, 2000 to 49 workers amounting to Rs. 2,45,000/-.

(2.) The writ petition was admitted on 13.4.2005. Pending the writ petition, this court had granted an interim stay on the ground that the dispute raised by the workmen is pending in I.D. No. 44 of 2003 before the Industrial Tribunal for identical relief. Thereafter, when the matter came up on 20.7.2007, this court made the stay absolute on the condition that the petitioner management should deposit Rs. 1,25,000/- to the credit of the writ petition on the file of this court. Since in that writ petition, neither the individual workers nor any representative body has been impleaded though they were the beneficiaries of the Government Order, DCM Hyundai Thozhilalar Nala Sangam represented by its Secretary got itself impleaded by filing W.P.M.P. No. 748 of 2007, which was also ordered by this court on 20.7.2007.

(3.) Even before the revenue recovery certificate was issued, the workmen raised an industrial dispute regarding declaration of illegal layoff for 50 workers from 16.8.2000 and they were denied employment. They were demanding full wages for the said period. The State Government by G.O.(D) No. 847, Labor and Employment Department, dated 26.8.2003 referred the dispute for adjudication by the Industrial Tribunal, Chennai. The said dispute was registered as I.D. No. 44 of 2003 by the Industrial Tribunal. Notice was issued to the management and workmen.