T M RAMAMOORTHY Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions are filed by the same petitioner. In the first writ petition in W.P. No. 9776 of 2008, the petitioner has challenged the vires of Section 2(k) of the Industrial Disputes Act and sought for a declaration that the said provision is unreasonable, arbitrary and against rule of law and consequently direct the second respondent, which is a private management to promote him to the post of Assistant Foreman in the existing vacancy. That writ petition was admitted on 10.6.2008. In the second writ petition in W.P. No. 11692 of 2008, the petitioner has challenged the award passed by the I Additional Labour Court, Chennai in I.D. No. 146 of 2001 dated 24.12.2007.

(2.) By the aforesaid order, the Labour Court dismissed the industrial dispute and held that the industrial dispute was not maintainable as an issue relating to promotion cannot be covered by Section 2A of the Industrial Disputes Act and any such dispute will have to be raised under Section 2(k) of the Act.

(3.) The writ petition in W.P. No. 11692 of 2008 was admitted on 10.6.2008. In the petition for interim stay, only notice was ordered.