ASHOK PHARMACEUTICALS Vs. PRESIDING OFFICER, PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) The relief sought by the petitioner in this writ petition is to call for the records of the order passed by the first respondent in C.P.No.231 of 1996, dtd. 15/9/2004 and quash the same.

(2.) It is the case that the petitioners 1 to 3 are carrying on the business of manufacturing pharmaceuticals and the fourth petitioner is carrying on the finance business. Similarly, a firm named M/s.Anuradha Enterprises was also involved in the finance business and due to the death of Mrs.Anuradha, the said firm was closed. The first petitioner firm employed the second respondent as a driver in its firm, in the year 1970 and thereafter, terminated him from service on 2/3/1995. Aggrieved over his termination, the second respondent has filed a petition under Sec. 2A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'ID Act'), before the Labour Officer, seeking to take steps for his reinstatement. While so, the Labour Officer II, Chennai vide proceeding in Na.Ka.No.A/514/95, dtd. 30/8/1995, informed that the conciliation proceedings which were taken with regard to the reinstatement of the second respondent into service ended in failure.

(3.) Thereafter, the second respondent has filed a Claim Petition in C.P.No.231 of 1996 before the first respondent Court under Sec. 33C(2) of the ID Act, claiming a sum of Rs.5,38,500.00 towards balance of minimum wages from April 1970 to March 1994. The petitioners and the aforesaid M/s.Anuradha Enterprises were respondents in that Claim Petition.