THE MANAGEMENT OF M/S. SRI BALAJI CYLINDERS PVT.LTD., MGR ROAD, PALAVAKKAM, MADRAS Vs. M/S. SRI BALAJI CYLINDER EMPLOYEES UNION, REP. BY ITS SECRETARY, MR. A.K. PAULRAJ, 161 THAMBU CHETTY STREET, MADRAS

JUDGEMENT

(1.) This appeal has been directed against the order passed by the learned single Judge dated 17.3.2016 in W.P. No.31191 of 2014, in and by which, the writ petition filed by M/s.Sri Balaji Cylinders Employees Union, the first respondent herein, came to be allowed, setting aside the award passed by the Industrial Tribunal dated 23.10.2013 and remanded the industrial dispute to the Industrial Tribunal for fresh consideration.

(2.) The appellant is involved in manufacture of cylinders and the factory commenced its operation in the year 1981. In 1984, a dispute was raised by M/s. Sri Balaji Cylinder Employees Union (in short, 'the Employees Union') first respondent herein, alleging that 432 workmen were disengaged from their employment on and from 7.11.1984 without following due process of law. The dispute was referred for adjudication before the Industrial Tribunal on the issue of non-employment of 432 workmen which was numbered as I.D. No.52 of 1993. According to the Management, there was no employer and employee relationship as the said workmen were engaged through various contractors, who were also made parties to the industrial dispute, pending before the Industrial Tribunal.

(3.) The industrial dispute came to be dismissed on 5.5.1994 for non-prosecution, since no claim statement had been filed on behalf of the workmen for more than one year. Thereafter, an application was filed on behalf of the workmen for setting aside the order of dismissal along with an application for condoning delay. However, the Industrial Tribunal on adverting to the submissions made by the parties, dismissed the condone delay application in Aug., 1995. Nearly after a year, after dismissal of the delay condone application, a writ petition was filed in W.P.No.12026 of 1996 against the above said order.