MEENAKSHI MILLS LTD Vs. WORKMEN

JUDGEMENT

(1.) THIS writ petition is directed against the award of the second respondent dated February 18, 1999 in I. D. No. 111/1999 whereby the petitioner was directed to make all badli workers as permanent employees from the date of the award.

(2.) THE factual matrix necessary for the disposal of the writ petition are as under: contention in the writ petition (a) The petitioner is a Company engaged in the manufacture and sale of various textile yarns and the Company has got three units at madurai, Paravai and Manaparai. The workmen of Madurai and Paravai Units raised an industrial dispute under Section 10 (l) (d) of the i. D. Act, 1947. The dispute was in relation to frequent lay off in respect of badli workers in the mill and it was the contention of the union that lay off should be properly regulated. (b) In respect of the said dispute, conciliation proceedings were taken up before the Assistant Commissioner of Labour, madurai in the year 1992 which ultimately ended in failure and accordingly, failure report was submitted by the Conciliation Officer in the year 1989. The said report was considered by the Government as per G. O. Ms. No. 2088 dated november 30, 1989 and the dispute was referred for ahdjudication. (c) As per the point for adjudication, the industrial Tribunal was expected to consider as to "whether the demand that the management should avoid frequent lay off of badli workers in the mills and tat lay off should be regulated was justified. " Before the Industrial Tribunal, the first respondent filed a statement of claim demanding that badli workers should be continuously engaged without giving them any kind of break and without engaging casuals or temporary workers in their place. They have also contended that the management should not resort to lay off without seeking permission under Section 25-M of I. D. Act, 1947. Contention of the employer before Tribunal (d) In the counter affidavit filed on behalf of petitioner, they have contended that the requirement of the work force depends upon several imponderable factors such as periodical changes in the textile policy of the Government, changes in textile market, availability of raw materials etc. It was also pointed out that the unit at Paravai was an export oriented unit and therefore, the employment opportunities and the requirement of the work force would vary according to the fluctuations in export market conditions. They have also taken up a contention that strength of the workmen both at madurai and Paravai Units were much more than the actual requirement in both the units.

(3.) THE Industrial Tribunal as per award dated February 18,1999, directed the petitioner to make all badlis as permanent employees from the date of the award and aggrieved by the said award, the management has filed the present writ petition. Nil Defence: