REGISTRAR, THIRUVALLUVAR UNIVERSITY Vs. PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) All the appeals are at the instance of the University which claims to be aggrieved by the common judgment of the writ Court dtd. 29/5/2020, wherein the writ Court modified the award of the labour Court directing reinstatement of all the employees with continuity of service while denying them back wages.

(2.) The University which was established on 16/10/2002 under an enactment of the State Legislature viz., the Thiruvalluvar University Act, 2002 was originally established with a sanctioned staff strength of 22 nonteaching staff. The other required staff were engaged by the University on a temporary basis. All these employees were appointed on various dates as temporary employees and it is not in dispute that they have served for quite a long number of years from the date of their appointment till their services were terminated by the University, which led to the industrial disputes being raised in I.D.Nos.61 of 2015 to 108 of 2015 and 110 to 126 of 2015.

(3.) The workmen were terminated because they went on an illegal strike, when attempts were made by the University to resolve the issue amicably. This termination resulted in industrial disputes being raised. The labour Court by its award dtd. 12/4/2018 directed reinstatement of the workmen on the conclusion that the University has committed unfair labour practice as defined in part 1 of Schedule V of the Industrial Disputes Act against the 66 employees. The labour Court also concluded that all the 66 employees are entitled to be made permanent as directly recruited by the University.