M. MANIVANNAN AND OTHERS Vs. MANAGEMENT

JUDGEMENT

(1.) The petitioners herein question the award, dated 23.01.2013, passed by the Labour Court in I.D.Nos. 142 and 145 of 2003.

(2.) Pond's (India) Limited set up a plant at Kodaikanal in the year 1984 for manufacture of Mercury in Glass Clinical Thermometer. On 28.03.1996, the management entered into a settlement with the recognised trade union. Clause 12(3) of Settlement provided that there shall be a training programme by which the candidates selected for training will undergo General Orientation training for 12 months with a further intensive training of 6 months and thereafter probation for 12 months. In October 1988, Ponds India Limited, got merged with Hindustan Lever Limited. The unit in question was primarily export oriented. But business had fallen from the beginning of 1999. Therefore, on 23.06.1999 trainees numbering around 22 were terminated. Some of them accepted the situation and left after collecting their dues. As regards others, an agreement envisaging cessation of employment was entered into on 23.06.1999 with preference for reemployment in the event of situation improving in future. But the situation did not improve and this gave raise to industrial disputes. After holding negotiation, the management paid a sum of Rs. 12,500/- as compensation in lieu of employment to as many as 16 persons. The petitioners however did not accept the said offer and filed I.D.Nos. 142 and 145 of 2013.

(3.) The Labour Court by the impugned award took the view that it is not possible to order re-instatement in view of the closure of unit and directed the management to pay compensation at the rate of 15 days last drawn salary in every computed year of service. The petitioners had joined the Company as trainees in June 1996. The unit was closed on 09.11.2001. The Gratuity was also directed to be paid. That is questioned in this Writ petition.