C.KRISHNAMURTHY Vs. MANAGEMENT OF VIBROMECH ENGINEERS LIMITED

JUDGEMENT

(1.) The petitioners are workmen employed by the 1st respondent management. They filed C.P. No. 328 of 2011 under Section 33(2) r/w 33(5) of the Industrial Disputes Act, claiming 50% of the wages from 22.6.1985 to 6.1.2009 and full wages from 7.1.2009 till the date of filing of the Claim Petition. The claim is based on the order dated 6.1.2009 passed by this Court in Writ Appeal No. 1039 of 1998. The 1st respondent management filed counter affidavit disputing the claim. Thereafter, evidence was let in by the writ petitioners. The first petitioner was examined as P.W.1 and he was cross-examined. 18 documents were marked on the side of the petitioners. During the cross-examination, the 1st respondent marked 11 documents. Thereafter, the 1st respondent took a stand that he did not let in any evidence on their side. At that stage, the petitioners filed applications in I.A. Nos. 116 and 117 of 2013 in C.P. No. 328 of 2011, one to reopen the case and the other to issue summons to the Managing director of the Management to give evidence.

(2.) After hearing both sides, the 2nd respondent Labour Court passed an order dated 26.2.2013 in I.A. Nos. 116 and 117 of 2013 in C.P. No. 328 of 2011 dismissing the applications on the ground that the petitioners cannot compel the Managing Director to give evidence before the court, particularly when the management took a stand that they are not letting in any evidence.

(3.) This Writ Petition is filed to quash the aforesaid order of the Labour Court.