M INDIRANI Vs. MANAGEMENT OF COIMBATORE MURUGAN MILLS

JUDGEMENT

(1.) HEARD the learned counsels appearing for the petitioner and the learned counsel appearing for the espondent.

(2.) THE petitioner has stated that she was appointed in the cone winding department of the respondent Mills, in the year, 1984. However, taking into consideration the qualifications of the petitioner, she was given training in the quality control department. While so, she was terminated from service on the ground that she had refused to work in the cone winding department. In the Industrial Dispute raised by the petitioner, the labour Court had held that the termination of the petitioner from service was unjustified and a direction had been issued to the respondent Mills to reinstate the petitioner in service, with 50% of the backwages. In the award passed by the labour Court, it was specifically stated that the petitioner should be given the work for which she had been trained. As per the award, the petitioner ought to have been continued in the quality control department of the respondent Mills. THE writ petition filed by the Management of the respondent Mills, challenging the award passed by the labour Court, had been dismissed. Even thereafter, the petitioner had been continued in the cone winding department. Having been made permanent, the petitioner had requested the Management of the respondent Mills to transfer her to the quality control department. Since the request of the petitioner was not acceded to by the Management of the respondent Mills, the petitioner had preferred a complaint before the Conciliation Officer, Coimbatore, under Section 29 of the Industrial Disputes Act, 1947, stating that the Management of the respondent Mills had not complied with the award passed in favour of the petitioner. THE issue regarding the breach of the award was the subject matter of a writ petition before this Court, in W.P.No.1696 of 1995.

(3.) NO counter affidavit has been filed on behalf of the respondent.