GOWRI PANDINATHAN Vs. NEELAMALAI

JUDGEMENT

(1.) These appeals have been preferred by the management of Stanmore Estate against common order dated 2nd Sept. , 1998, passed by learned single Judge in W. P. Nos.4992/89 and 3026/93. One of the writ petition, W. P. No.4992/89 was preferred by management against order of the Government in G. O. Ms. No.1573, Labour, dated 27th July, 1988 and Government letter No.47174/c-2/88-2, Labour and Employment, dated 10th Nov. , 1988. The other writ petition, W. P. No.3026/93 was preferred against consequential order made in I. D. No.55/84 on the file of the Industrial Tribunal, Chennai, dated 30th Jan. , 1992.

(2.) The brief case of the management is that the appellant, Stanmore Estate, (hereinafter referred to as 'management') is a coffee plantation in Nagalur Village, Yercaud Taluk, Salem District. The estate comprise of 300 acres of coffee plantation, employing 100 workers apart from few casual labourers. By G. O. Ms. No.1307 dated 15th June, 1984, issued from Labour Department of the State, a dispute between the appellant and the respondent, Neelamalai Plantation Workers Union (hereinafter referred to as 'union') regarding non-employment of 120 workers for the period from 1st March, 1983 to 31st May, 1983 was referred to the Industrial Tribunal for adjudication. It was registered as I. D. No.55/84. The union filed a claim statement before the Tribunal stating that Stanmore Estate is not a seasonal establishment and it is not entitled to declare annual closure as a seasonal establishment. On the other hand, a plea was taken by the management that Stanmore Estate is a seasonal establishment and due to annual closure, persons were removed. As the matter could have been considered only by the Government u/s 25-A (2) of the Industrial Disputes Act, 1947 , (hereinafter referred to as the 'act') the management moved before the State Government in an application dated 21st July, 1986, for a decision on the question of whether the management of Stanmore Estate is an industrial establishment of seasonal character and whether the work is performed thereon only intermediary u/s 25-A (2) of the Act or Sec.25-K (2) of the said Act. The union filed an objection in the said proceeding and by an order dated 16th July, 1987, the State Government rejected the application made by the management against which a writ petition, W. P. No.9147/87 was filed by the management before this Court. The matter was remitted and ultimately on remand, the impugned G. O. Ms. No.1573, Labour, dated 27th July, 1988, was passed. The State Government has taken plea that the management has not made out a case to declare the establishment as a seasonal establishment u/s 25-K (2) of the Act. The management filed further representation to the Government on 19th Aug. , 1999 and requested to reconsider the matter and reiterated its claim inviting attention to report on the Condition of Labourers in Plantations in India, submitted by Mr. D. V. Rage, ICS, Chairman, Labour Investigation Committee, as was published in 1946 and the report of the Plantation Enquiry Commission, 1958. The state of the working and living condition of the labourers in Southern India published by Central Government in 1984 were also referred to suggest that the work in a coffee plantation is seasonal. The 1st respondent, by letter dated 10th Oct. , 1988, had informed the State that there was no reason to revise the orders already issued on 27th July, 1988.

(3.) The management has claimed to be a seasonal establishment and assailed the order giving reference to the following facts :-