BALIGA LIGHTING EQUIPMENTS PVT LTD Vs. E RAVIKUMAR

JUDGEMENT

(1.) THIS writ petition has been filed by the Management of baliga Lighting Equipments Private Ltd. , seeking for a Certiorari to quash the proceedings of the Labour Court Chennai in I. D. No. 492 of 1987 dated 2. 9. 2002.

(2.) THE Management states that their industrial activity was established in the year 1962 and the company employed 63 workers in 1985. THEy belong to Guindy Industrial and General Workers' Union. Later on, some of them branched out and formed another Union, namely, Baliga lighting Employees' Union. Both the said unions are registered under the Trade Unions Act. According to the Management, majority of the workers belong to the Baliga Lighting Employees'Union and therefore, the company started entering into wage agreements with the said Union from time to time, almost once in three years. THE workers of the other Union used to sign the agreement binding themselves to the terms which were agreed to by the Union which was a party to the agreement. On 14. 8. 1985, a wage settlement was signed by the said Union. THE settlement came into force on 1. 4. 1985 and was to remain in force till 31. 3. 1988. THE party respondents in the writ petition and three other workmen did not sign the letter of undertaking to continue their employment. About eight employees inclusive of the seven respondents did not sign the wage agreement and they started to give endless problem to the Management. In the affidavit, the various details relating to the alleged acts of indiscipline and highhanded behaviour of the employees have been enlisted. It is also stated that all the respondents indulged in go-slow tactics and also resorted to coercive activities against the implementation of the wage agreement and had also committed violence and wilful acts of waste and damage to the properties.

(3.) THE labour Court, considering the removal of the names of the respondents from the muster roll, held that the lockout imposed by the management amounted to wrongful retrenchment and ordered reinstatement of the seven respondents with continuity of service with full back-wages and attendant benefits. Hence, the above writ petition.