KUNCHITHAPATHAM CHETTIAR PROPRIETOR SAIBABA OIL MILLS Vs. PRESIDING OFFICER FIRST ADDITIONAL LABOUR COURT CITY CIVIL COURT BUILDINGS MADRAS

JUDGEMENT

(1.) THIS writ petition is to quash the order of the first respondent herein in I. D. No. 127 of 1984 dated 24. 6. 1987.

(2.) THE case of the petitioner is that the second respondent whenever offered himself for work on a daily casual basis was engaged since 1977, when such work was available. Second respondent himself was running a country oil-crusher (Nattu Chekku) and subsequently doing business in sales of groundnut, gingelly seeds oh a commission basis and was also doing sale of coconuts. In December, 1982 the second respondent obtained a sum of rs. 15,000 from Khadi Board, Tanjore and installed a power driven oil-crusher. THEreupon on 28. 10. 1982 the second respondent approached the petitioner for a loan of Rs. 500, the petitioner refused to oblige. THEreupon on 28. 10. 1982, the second respondent alleged illegal termination on 14. 10. 1982 and claimed reinstatement. On 3. 11. 1982, letter was replied by the counsel for the respondent. THEreupon, second respondent raised an industrial dispute, and ultimately the Labour Court has given the award directing the petitioner to pay only a sum of Rs. 5,000. It is clearly mentioned in the award that the petitioner is not a workman and that he is not entitled to reinstatement and other benefits. Hence, the writ petition.