MANAGEMENT, CHEMPLAST SANMAR LIMITED Vs. M. SAMUEL GANESAN

JUDGEMENT

(1.) Intra-Court Appeals have been instituted challenging the common Order dtd. 1/6/2023 passed in W.P. Nos.25826 and 25994 of 2015. The Writ Petitioners/Workmen filed two Writ Appeals in W.A. Nos.2389 & AUGUST 2024 Management, Chemplast Sanmar Limited v. M. Samuel Ganesan 3231 of 2023. The 2nd Respondent-Management in the Writ proceedings filed two Writ Appeals in W.A. Nos.2899 & 2900 of 2023. The 3rd Respondent-Management in Writ proceedings filed two Writ Appeals in W.A. Nos.2925 & 2907 of 2023.

(2.) The facts in nutshell to be considered for deciding the issues are that the Workmen were Employed with the erstwhile Management of Chemplast Sanmar Limited. The Retrenchment Notice, dtd. 4/4/2008 was issued in respect of two Workmen. Admittedly, the remaining 28 Workmen opted Voluntary Retirement Scheme and relieved from service. Pursuant to the recruitment notice issued in respect of two Workmen, retrenchment compensation was determined by the 2nd Respondent-Management. The two Workmen raised an Industrial Dispute. The Labour Court confirmed the Retrenchment Compensation and dismissed the said Industrial Dispute. Workmen filed Writ Petition. The Writ Court reversed the Award passed by the Labour Court and a direction was issued to both the Managements to reinstate the Workmen without Back Wages. Thus, both the Managements preferred Writ Appeals. The Workmen preferred Writ Appeal, challenging the non-grant of Back Wages.

(3.) We heard the parties and perused the evidences available.