MANAGEMENT OF KANCHEEPURAM MURUGAN SILK WEAVERS COOPERATIVE PRODUCTION AND SALES SOCIETY LIMITED Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner seeks to quash the award passed by the Industrial Tribunal, Madras, in I.D.No.25 of 1997 dated 21.3.2002.

(2.) THE affidavit filed in support of the writ application and the counter affidavit filed by the second respondent are perused. This Court has heard both sides.

(3.) AS rightly pointed out by the learned Counsel for the petitioner, the second respondent has not examined any witness, nor had they brought forth any documents to satisfy their locus standi to raise such dispute. A reading of the counter statement of the petitioner herein before the tribunal would clearly reveal that there was a denial as to the locus standi of the second respondent union to raise such a dispute. That apart, it has been categorically stated therein that a substantial section of its members are neither members of the second respondent union, nor they had authorised the union to raise the dispute. In such circumstances, it was a matter of evidence which should have been produced to satisfy the tribunal as to how many members the union consists of and how many members had authorised the union to raise the dispute. It can be well stated that the second respondent has miserably failed to produce any evidence in that regard. It remains to be stated that the Industrial Tribunal has not adverted to that relevant question in its proper perspective, but has, in a rambling way, referred to the last point urged by the union and would say that the union was consisting of members of the working class of the society, and hence, it has got to be taken that the second respondent union has got locus standi to raise an industrial dispute. This Court is not satisfied with the view taken by the tribunal, since the said point was neither considered nor discussed in the proper perspective by the tribunal and not answered properly also. Hence, without going into the merits or otherwise of the other contentions, it would be suffice to pass an order of remittal.