UMA PARAMESWARI MILLS LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The prayer in the writ petition is for issuance of a writ of certiorari, to quash the order passed by the Labour Court, Tiruchirappalli, in C.P. No. 150 of 2003, dated 29.6.2004. The petitioner is the Management of Sri Uma Parameswari Mills Ltd. and the petitioner has challenged the order of the Labour Court computing the wages payable to the respondent/workmen.

(2.) The facts, which led to the filing of the claim petition, are that the respondents/workmen 2 to 10 were employed by the petitioner Management in various capacities and were dismissed from service, by order dated 15.7.2003 for the charge of assaulting the Deputy General Manager and dragging him for a distance of about 750 feet upto the time office, threatening the managerial persons, abusing them in filthy language and attacking them with chappals and hitting them. The respondent/workmen aggrieved by the order of dismissal, raised an industrial dispute under Section 2-A of the Industrial Disputes Act (I.D. Act), on 4.8.2003. The petitioner Management submitted their report and the matter was pending before the Assistant Commissioner of Labour (Conciliation), Tiruchirappalli. While so, the respondents/workmen filed a petition before the Labour Court under Section 33C(2) read with Section 33(c)(5) of the I.D. Act by presenting a petition on 2.9.2003, and the same was taken on file as C.P. No. 150 of 2003. It was contended by the respondent/workmen that if an industrial dispute is pending at the time of dismissal i.e., on 15.7.2003, the petitioner Management is required to obtain approval of such dismissal as contemplated under Section 33(2)(b) of the I.D. Act and such approval having not been obtained, the order of dismissal was non est and the respondent/workmen are deemed to be in service and accordingly, they prayed for wages for the period from 15.7.2003 to 31.8.2003.

(3.) The petitioner Management resisted the claim petition on several grounds including the ground that there was no industrial dispute pending as contemplated under Section 33 and there is no violation of the said provision and prayed for rejection of the claim petition. The Labour Court rejected the stand taken by the petitioner Management and computed the wages payable by order dated 29.6.2004, which is impugned in this writ petition.