AIR FRANCE Vs. DY COMMR OF LABOUR

JUDGEMENT

(1.) THE petitioner above named has filed the present writ petition for the following relief. To issue a writ of certioriari or any other writ, order of direction, calling for the records of the 1st respondent culminating in the order date November 20, 1987 in T. S. E. A. No. 27 of 1987 and quash the same.

(2.) IN brief, the relevant facts of the case are as follows: Air France has an office at Madras and the 2nd respondent was the District Manager, along with five other employees. The petitioner management decided to close its Madras office for economic reasons. In compliance with the requirements of Section 25ffa, under which a statutory notice of sixty days to various authorities of the State and the affected parties has to be given. By letter dated January 8, 1987, the notice intimating the management's intention to close its Madras office with effect from March 31, 1987 was sent to all the authorities prescribed under the Act as well as to the affected parties. The services of the workmen were terminated in accordance with law and they were offered their full terminal compensation.

(3.) THE conditions of service of the supervisory and managerial staff are governed by regulations and conditions of service agreed by the parties. In terms of Clause 8. 1 of the said regulations, by letter dated February 27, 1987, the services of the 2nd respondent were terminated with effect from March 31, 1987. But, as the 2nd respondent has averred that the said letter reached him only on March 6, 1987, the petitioner management paid him his salary for April, 1987 also, in effect, his services stand terminated from May 1, 1987. The 2nd respondent was admittedly the District Manager of the Madras office of the petitioner and therefore, Section 4 (1) (a) of the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Act) excludes its applicability to the 2nd respondent. The above Section has been included in the Act by the competent Legislative Assembly of the State of Tamil Nadu. The power to legislate for State vests in the State Legislative Assembly, and the State Legislative Assembly alone is competent to amend, modify or repeal any substantive provision of the Act. There is no change made in Section 4 (1) (a) of the Act by the State Legislature Assembly.