C ARIVAZHAGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Aggrieved by the common order of the learned single Judge dated February 4, 2002 passed in W.P. Nos. 2663 to 2669 of 1996, the workmen/ respondents therein filed the above writ appeals. Since the grievance expressed and relief prayed for are one and the same, all these matters can be disposed of identically by the following common order.

(2.) According to the workmen/appellants herein, they had been continuously working in the Municipality right from the year 1989 and they were terminated from service with effect from July 2, 1994. When their rights were disputed before the Labour Court, objection was raised by the Municipality, contending that the employees are Government servants and the provisions of the Industrial Disputes Act are not applicable to them. The Labour Court, Salem, after rejecting the objection of the Municipality as to the maintainability and after considering the claim of the workmen, agreeing with their case on merits, passed common award dated Decembers, 1995 and directed reinstatement of all the workmen with back wages. The said common award was under challenge by the Municipality in the aforesaid writ petitions.

(3.) Learned Judge, by an order dated February 4, 2002, after finding that unless and until the question viz. whether Kumarapalayam Municipality is an industry or not is finally determined, no award could be passed as ordered by the Labour Court, remanded the matter to the Labour Court, Salem to decide as to whether the writ petitioner-Municipality is an "Industry" as defined under Section 2(j) of the Industrial Disputes Act or not and thereafter proceed on merits. With the said direction, the learned Judge allowed all the writ petitions filed by the Municipality. Questioning the said order, the workmen filed individual appeals.