MANAGEMENT, L.G.BALAKRISHNAN Vs. COIMBATORE DIST. SECRETARY

JUDGEMENT

(1.) The present Inter Court Appeals under Clause 15 of the Letters Patent have been instituted both by the Writ Petitioner / Union and the respondent / Management, challenging the common Writ Order dtd. 17/10/2025 passed in W.P.Nos.28283 and 25963 of 2023.

(2.) Since both parties to the industrial dispute are not satisfied with the award of the Principal Labour Court (FAC), both of them preferred Writ Petitions. W.P.No.28283 of 2023 has been instituted by the Management, L.G.Balakrishnan and Brothers Limited, challenging the award of the Principal Labour Court (FAC), Coimbatore dtd. 10/5/2023 in I.D.No.66 of 2019. Similarly, W.P.No.25963 of 2023 has been instituted by Uzhaipor Urimai Iyakkam (Union), representing Workmen, challenging the very same award passed in I.D.No.66 of 2019.

(3.) Writ Court considered the issues, relating to transfer raised in the industrial dispute and disposed of Writ Petitions by way of passing a common order, holding that the transfer order, which is under challenge in the industrial dispute is not a mala fide one. However, due to efflux of time and long pendency of the case, the Writ Court declined to interfere with the order of transfer and to grant back wages. Since the order of transfer has not been interfered with, Union, viz., Uzhaipor Urimai Iyakkam, representing Workmen preferred W.A.No.3544 of 2025. Similarly, aggrieved by the award of the Labour Court in respect of non-validating the transfer and the grant of 50% back wages to Workmen, the Management too preferred W.A.Nos.3398 and 3399 of 2025. Thus, both Intra Court Appeals have been heard together and the following orders are passed.