MANAGEMENT, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI DIVISION V) LIMITED Vs. PRESIDING OFFICER, LABOUR COURT, MADURAI

JUDGEMENT

(1.) The Management of Tamil Nadu State Transport Corporation, Madurai questions the award dated 04.07.2013 passed by the Labour Court, Madurai in I.D.No.146 of 2001 filed by the second respondent herein.

(2.) The second respondent is a registered trade union. It raised an industrial dispute and the same was referred for adjudication before the Labour Court, Madurai in I.D.No.146 of 2001 The case of the second respondent is that the Transport Corporation had employed more than 100 workmen as bus body cleaners on contract basis. They were paid wages on on piece rate basis. They were working for more than 480 days in a period of 24 calendar months consecutively. So according to the second respondent union the said workmen are entitled to conferment of permanent status. Instead of going before the authorities constituted under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, the second respondent raised an industrial dispute and went before the labour Court.

(3.) The writ petitioner herein filed their counter opposing the claim made by the said union. All that the writ petitioner would state in their counter was that the persons whose cause was espoused by the second respondent were not the workmen of the Corporation. Before the labour Court, the union representative examined himself as W.W.1. On the side of the writ petitioner management, one official was examined as M.W.1. On the side of the union, as many as 4 documents were filed. On the side of the writ petitioner no documents were marked. The management took the stand that no document is available with them.