S SELVAM Vs. PRESIDING OFFICER LABOUR COURT CUDDALORE

JUDGEMENT

(1.) THESE writ petitions are filed by the petitioner against the common Award dated 12.9.1995 passed by the first respondent Labour Court and made in I.D. Nos. 561 and 567 of 1992 insofar as it denied any relief to the petitioners.

(2.) THE petitioners, along with several other persons, raised a dispute against the SKT Vel Mark Suruttu Company with reference to their non-employment under Section 2A(2) of the Industrial Disputes Act, 1947 [for short, 'I.D. Act']. THE claim of the petitioners was that they were employed for 3 to 10 years and were drawing Rs.900/- per month and they were working for more than 12 hours and the respondents had engaged 80 workers. THE petitioners along with other workers joined the Thanjavur District Cigar Workers' Union claiming bonus and went on an agitation. THEy had also gone on strike w.e.f. 20.10.1990. Subsequently, after the withdrawal of the same, when they went to report for work on 28.10.1990, the petitioner along with 11 others were denied work. THE only ground on which the petitioners were denied work was that they had gone on strike. THE Trade Union leaders held talks and when that failed, they moved the Labour Officer and got their dispute referred for adjudication by the first respondent Labour Court.

(3.) BEFORE the Labour Court, the petitioners examined themselves as W.W.2 and W.W.3 apart from examining other workers as W.W.1, W.W.4 and W.W.5. On the side of the second respondent, S.K.T. Velayutham (since deceased), the then in-charge was examined. While the workmen had filed 24 documents, which were marked as Exs. W.1 to W.24, on the side of the respondents, two documents were filed and they were marked as Exs. M.1 and M.2.