MANAGEMENT OF SUNDARAM ABEX LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The Management is the petitioner who seeks a writ of prohibition for restraining the first respondent from adjudicating the dispute raised by the second respondent in I.D.No.616 of 1995 as it was not preceeded by any conciliation.

(2.) The second respondent was working as a Helper with the petitioner. A charge-sheet was issued by the petitioner to the second respondent for the misconduct of absence without leave. Thereafter an enquiry was held and the second respondent was dismissed from service on 27-08-1983. The second respondent raised an industrial dispute by G.O.Ms.No.1602 dated 21-07-1984. The Government declined to refer the dispute for adjudication. This was not challenged by the second respondent. In the mean time, the second respjondent was convicted for murder and sentenced to imprisonment for life in S.C.NO.70 of 1983. On appeal, the conviction was setaside on 28-04-1988. In July 1990 another petition was filed by the second respondent for reconsideration of the refusal to refer the dispute for adjudication. On 27-10-1992, his petition for reconsideration was refused. Against that the second respondent filed W.P.No.3585 of 1995. This writ petition was dismissed in limine. But while dismissing the writ petition, this Court observed, "the petitioner may therefore, approach the Labour Court under Section 2A(2) of the Industrial Disputes Act, if he is entitled to do so in law". Therefore, the second respondent filed I.D.No.616 of 1995 for adjudication of the dispute relating to his non-employment.

(3.) According to the learned counsel for the petitioner, the Labour Court cannot adjudicate the dispute that is raised since it is not preceded by any conciliation proceedings. According to the learned counsel, the order passed in the writ petition cannot be construed as giving the second respondent a right to apply straightaway to the Labour Court in contravention of the provisions of the Act.