LAWS(MAD)-2003-3-166

P ARUSAMY Vs. ASSISTANT COMMISSIONER OF LABOUR

Decided On March 26, 2003
P.ARUSAMY Appellant
V/S
ASST.COMMISSIONER OF LABOUR Respondents

JUDGEMENT

(1.) The petitioners pray for the issue of writ of certiorarified mandamus to call for the impugned proceedings of the first respondent dated 29.02.2000 and to submit a failure report to the Government of Tamil Nadu in terms of Section 12(4) of the Industrial Disputes Act(hereinafter referred to as "the Act").

(2.) The following facts are sufficient for the disposal of the above writ petitions:- The petitioners are admittedly, the employees of the second respondent. According to them they were terminated from service unceremoniously on 21.6.1999. The action of the management was due to the fact that the workers had formed a branch union in the second respondent to the dislike of the management. The issue was referred to the the Conciliation Officer and before the Conciliation Officer the management took the stand that none of the employees have been dismissed from service and that they have been only transferred on deputation in terms of the Standing Orders and therefore, no dispute arose under Section 2-A of the Industrial Disputes Act.

(3.) The Conciliation Officer on hearing both parties, came to the conclusion that there was no discharge or termination of service of the employees and hence returned the reference by stating that no reference was possible under Section 2-A(1) of the Act and if the workers were aggrieved, they may raise a dispute under Section 2(k) of the Act.