THE MANAGEMENT OF M/S.DEENA PAINTS LTD., REGD. OFFICE, ACL HOUSE, C Vs. THE PRESIDING OFFICER, LABOUR COURT, COIMBATORE

JUDGEMENT

(1.) The prayer in the writ petition is for a Writ of Certiorari, to call for the records from the file of the 1st Respondent made in I.P. No.364 of 2007 in I.D. No.187 of 2003 dated 11.04.2008, and quash the same.

(2.) The case of the petitioners is that they are engaged in manufacturing and selling paints. The second petitioner is a Regional Office and third petitioner is a Branch Office. The second respondent was acting as a selling agent of the petitioners on commission basis. There was no relationship of employer and employee between the petitioners and the second respondent and that being so, the second respondent raised Industrial Dispute in I.D.No.187 of 2003 before the 1st respondent, seeking reinstatement with all service benefits on the allegation that the second respondent was employee of the petitioners and he was dismissed from service on 24.0200

(3.) Though the petitioners herein had filed counter affidavit in the said I.D. refuting the allegations made by the second respondent that he was an employee of the petitioners and he was dismissed from service, when the said I.D. came up for hearing before the first respondent Labour Court on 26.09.2005, since the authorised person on behalf of the petitioners was suffering with viral fever, he could not attend before the Labour Court for enquiry and therefore, on the said date the I.D. was allowed ex-parte and the Labour Court directed the petitioners herein to reinstate the second respondent herein in service with 25% back wages with attendant benefits.