SARAVANA TRANSPORT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) W.P. No. 6649 of 1994 is filed by M/s Saravana Transport represented by its Proprietor D.Y.R. Kannabiran against the order dated 06.01.1994 passed by the first respondent Labour Court in C.P. No. 660 of 1989. W.P. Nos. 6870 of 1994 and 7715 of 1996 are filed by M/s Balaji Transport represented by its Proprietor D.Y. Loganatha Mudaliar and one N. Venkatapathy Naidu respectively against the very same order.

(2.) BEFORE the Labour Court, the contesting respondents who were employed by the Transport Company filed a claim statement being C.P. No. 660 of 1989 claiming salary from 19.3.1982 to April 1989 amounting to a sum of Rs. 6,84,359/-. BEFORE the Labour Court, all the three writ petitioners were made as party respondents. The claim made by the workmen was disputed by the three petitioners. BEFORE the Labour Court, while on behalf of the workmen, one Iron John was examined as P.W.1, on the side of the Managements, M/s C. Venkatapathy Naidu and D.Y. Loganathan were examined as R.W.1 and 2. On the side of workmen, six documents were filed and they were marked as Exs. P.1 to P.6 whereas on the side of the Managements, two documents were filed and they were marked as Exs. R.1 and R.2.

(3.) EVEN before their non-employment, a settlement under Section 12(3) of the Industrial Disputes Act, 1947 [for short, 'I.D. Act'] was arrived at on 16.5.1981 between the workmen and the Baskaran Transport on the basis of which, the workmen were made permanent and the scales of pay were given. Under paragraph 14 of the said settlement, it was agreed that in case, the route permit was taken over by the State or sold to any other private party, the Management will guarantee their employment and other benefits. The settlement was signed by Venkatapathy Naidu, Proprietor and C. Neelakanda Mudaliar, Manager. Thereafter, it is stated that Venkatapathy Naidu, Proprietor of Baskaran Transport transferred the route permit in favour of D.Y.R. Kannabiran, son of D.Y. Radhakrishna Mudaliar along with bus bearing Registration No. MDH 5944 plying in the route between Thiruvallur and Perambakkam. It was stated in paragraph (g) of the said agreement that the transferor shall be liable for payment of all taxes, charges, wages and other dues and that the transferee is not bound to take any of the employees of the transferor and that the transferee is not concerned with the pending labour dispute.