SIVARAJ S. Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Assailing the order passed by the 2nd respondent in and by which the settlement entered into by the recognized Union was held to be valid, the present writ petition has been filed.

(2.) It is the case of the petitioners that they are employed under the 3rd respondent as workers and it is alleged that they are paid wages, far below the amount contemplated under the Minimum Wages Act. It is the further case of the petitioners that on 24/8/2010, a charter of demand for wages, dearness allowance, etc., was placed on the 3rd respondent and the 3rd respondent had addressed the 2nd respondent stating that they are agreeable for negotiation with whichever Union that commands majority. It is the further case of the petitioners that the Union to which the petitioners belong is affiliated with CITU and the other is affiliated with the Labour Progressive Union. Due to certain unforeseen incident in the factory, all the workers resigned from the Labour Progressive Union and became members of the union in which the petitioners were members.

(3.) It is the further case of the petitioners that since the grievances of the workers were long pending, strike notice was issued by the Union on 6/10/2010 and on 22/9/2010. After series of correspondence between the officials and the 3rd respondent, the 3rd respondent was willing to recognize whichever Union that commanded majority and the 3rd respondent was also willing to conduct elections.