MANAGEMENT OF METTUR BEARDSELL LIMITED, PRESENTLY KNOWN AS BEARDSELL LIMITED Vs. WORKMEN OF METTUR BEARDSELL LIMITED, REP BY THEIR SECRETARY, METTUR BEARDSELL EMPLOYEES ASSOCIATION; METTUR TEXTILE INDUSTRIES LIMITED AND PREMPLOYEES STATE INSURANCE CORPORATIONDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) While W.A. No.761 of 1992 is filed against the order dated 22.7.1991 rendered by the learned single Judge in W.P. No.11956 of 1987, W.A. No.760 of 1997 has been filed against the order dated 24.2.1997 passed by another learned single Judge in W.P. No.1063 of 1988. The Contempt Appeal is filed against the order dated 11.12.1992 passed in Contempt Application No.366 of 1992 arising out of the non-compliance of the order dated 22.7.1991 passed in W.P. No.11956 of 1987.

(2.) W.A. Nos.761 of 1992 and 760 of 1997 The applicability or otherwise of Section 25-FF of Industrial Disputes Act, 1947, is the question for consideration in these two Writ Appeals. In fact, the result in W.A. No.760 of 1997 depends upon the adjudication in W.A. No.761 of 1992 as the subject matter is one and the same and so also the parties. The only difference is that while the order in W.A. No.761 of 1992 is directed against I.D. No.8 of 1984 rendered by the Industrial Tribunal, Madras, the order in W.A. No.760 of 1997 is directed against I.D. No.89 of 1984 on the file of the Industrial Tribunal, Madras. The parties are referred to as the Management and the Workmen. The Management is Mettur Beardsell Limited, the appellant in W.A. No.761 of 1992, while the workmen are represented through their union as the first respondent in the said Writ Appeal. In so far as W.A. No.760 of 1997 is concerned, the workmen association is the appellant while the Management is the first respondent. In I.D. No.8 of 1984, the reference for adjudication was made in G.O. Ms.No.202, dated 19.1.1984 to the following effect. Whether the demand of the following 27 workmen allotted to Textile, Thread Marketing Division and E.D.P., who are at present working at No.49, Rajaji Salai, Madras, that they should be taken back by Mettur Beardsell Limited, and that their service conditions as on 31.12.1982 and before entering into partnership between Mettur Beardsell Limited, with Mettur Textiles Private Limited and now known as Mettur Textile Industries Limited should be continued, is justified, if so to give appropriate directions.

(3.) In I.D. No.89 of 1984, the reference was made vide G.O. Ms. No.2383 dated 14.11.1984 to the following effect.