WORKMEN SILVER SANDS EMPLOYEES UNION Vs. PRESIDING OFFICER, FIRST ADDITIONAL LABOUR COURT, MADRAS AND ANOTHER

JUDGEMENT

(1.) Silver Sands Beach Resort, Mamallapuram (Whose Managing Director is respondent 2), a tourist resort hotel, was stated to have commenced business in the year 1969. About sixty workmen, of local talents, were stated to have been employed under different categories at the inception. Beach Resort was stated to have been catering to the needs of the foreigners coming from USSR, Poland, US., UK., France, Italy, Etc. Such local talents in the employ of Beach Resort was stated to have been rendering good services to the satisfaction of all the foreigners visiting the hotel.

(2.) The conditions of services of such workers, it is said were poor and consequently all the workers of the said Beach Resort formed an Union under the caption'SILVER SANDS EMPLOYEES' UNION' (for Short 'Union'). with the laudable objective of improving their service conditions and the Union, in fact, was stated to have been registered on 21st Aug., 1978. Soon after the registration of the Union, the Management was informed of the same.

(3.) After sometime, the President of the Union Wrote a letter dated 4th Jan., 1979 to the Management in respect of the grievances of the workmen. This was stated to have provoked the Management, who found a novel way to get rid of all the activists of the Union. The Management issued a notice dated 11th May, 1979 to some of the workmen informing them that they wanted to reorganise the operation of the tourist resort on modern lines to face stiff competition emerging from others. In the process of reorganisation operations, the Management offered two options: