LAWS(MAD)-2007-9-434

T THOTHATHRI Vs. MANAGEMENT, SUNDARAM TEXTILES, LTD

Decided On September 17, 2007
T THOTHATHRI Appellant
V/S
MANAGEMENT, SUNDARAM TEXTILES, LTD Respondents

JUDGEMENT

(1.) These two writ appeals arise out of a common award of the second respondent, Labour Court, Tirunelveli, in I.D. Nos. 250 and 248 of 1988, dated 5.1.1993 and the confirmation of the same by the learned Single Judge of this Court, again, by a common order dated 4.9.2007, passed in W.P. Nos. 17739 and 17740 of 1994.

(2.) The appellants were employed in the first respondent Textile Mills. By invoking Clause 14(1) of the Certified Standing orders of the first respondent, both the appellants were issued with the orders of termination, dated 4.3.1987. The termination orders stated that based on reliable information, as the continuation of both the appellants in the services of the first respondent were found to be detrimental to the safety of the first respondent as well as the majority of the workmen employed with it, their services have been terminated.

(3.) The order also stated that since the termination was being resorted to based on reasonable cause, the same would not amount to retrenchment but by way of abundant caution, they were being paid three months' notice pay instead of one month notice pay as prescribed under Standing Order 14(1) as well as the compensation calculated as payable by way of retrenchment compensation and a sum of Rs. 10,026.15 in the case of the appellant in W.A. No. 227 of 2003 and Rs. 16,352.43 in respect of the appellant in W.A. No. 228 of 2003 were being offered in the form of cheques, dated 4.3.1997, drawn on the State Bank of India, Nanguneri.