MANAGEMENT OF KANCHEEPURAM MURUGAN SILK WEAVERS CO OPERATIVE PRODUCTION AND SALES SOCIETY LTD Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL TAMIL NADU

JUDGEMENT

(1.) AGGRIEVED by the order of the learned single Judge, dated 13. 08. 2004, made in W. P. No. 39896 of 2002, remanding the matter back to the Industrial Tribunal, Chennai, the Management of Kancheepuram Murugan Silk Weavers Co-operative Production and Sales Society Limited has filed the above Writ Appeal.

(2.) FOR convenience, we shall refer the parties as arrayed in the Writ Petition.

(3.) ACCORDING to the petitioner, the Society was formed in the year 1957 with a view to enroll the Handloom Weavers, having their own looms in their houses; supply them yarn on credit; get the yearn converted in the form of finished products; and, after giving credit to the value of materials, pay them the conversion charges. These weavers do not work in the premises of the petitioner society. They are free to carry on any other occupation and also free to do weaving for any master weaver or private parties engaged in handlooms. They cannot be called as 'workman' within the meaning of Section 2 (s) of the Industrial Disputes Act. There is an enactment to provide for the welfare of the workers in the Handloom Industry and to regulate the conditions of their work and security of their employment called the Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981 (in short Handloom Act ). This Act came into force from 12. 3. 1982. The domestic weavers like the members of the petitioner society can invoke the provisions of the Industrial Disputes Act only by reference to Section 52 of the Handloom Act. By G. O. Ms. No. 723, Labour and Employment dated 07. 04. 1982, the Government of Tamil Nadu exempted the registered Handloom Weavers Co-operative Societies like the petitioner from all the provisions of the Act and the rules made thereunder. By virtue of this notification, the entire Act including Section 52 has no application to the petitioner and its members. As such, the weavers of the respondent cannot maintain an industrial dispute against the petitioner.