ASLAM K Vs. P O LABOUR COURT VELLORE

JUDGEMENT

(1.) The ten petitioners in the above writ petition pray for a writ of certiorarfied mandamus to call for the records relating to the common award of the first respondent Labour Court, dated December 30, 1994, in the respective I.D. Numbers, to quash the same to the extent that it denies relief of reinstatement, and to direct the second respondent/union the reinstatement of the petitioners with full back-wages and other attendant benefits.

(2.) The petitioners claim that they were employed as salesmen by the second respondent/union in the year 1984. Though they were sponsored by the Employment Exchange and worked for about five years, without any reason the management orally terminated services of the petitioners on August 16, 1989. There was no chargememo for any enquiry and hence, the petitioners contend that the termination of their services was in gross violation of Section 25-F of the Industrial Disputes Act, 1947.

(3.) The claim of the petitioners was resisted by the management on the ground that they were part-time employees as they had only worked from 5 A.M. to 7 P.M. in the morning and 3.30 P.M. to 5.30 P.M. in the evening. In the year 1986, the system of distribution of milk through salesmen was abolished because of the numerous complaints. Therefore, the petitioners were not given employment from December 1, 1986. It is further contended on behalf of the management that the termination was only in the year 1986 and not in the year 1989 and that the disputes were belatedly raised only in the year 1990.