ABIRAMI SPIN TEX Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The management is the petitioner in these writ petitions. The award dtd. 30/4/2008 passed by the Labour Court, Tirunelveli in I.D.Nos.270, 272, 273 and 276 of 1997 is under challenge. The management charged the respective respondent in these writ petitions with having participated in an illegal strike. They were therefore, dismissed from service vide order dtd. 6/2/1997. Thereafter, the industrial disputes were raised. The Labour Court, Tirunelveli took the same on file in I.D.Nos.270, 272, 273 and 276 of 1997. Since, the dismissal orders were not preceded by any enquiry, the management was given an opportunity to adduce evidence before the Labour Court. On the side of the workmen, P.Jayakumar and S.Arumuga Nainar examined themselves as witnesses. Ex.W.1 to Ex.W.28 were marked. On the side of the management, two witnesses were examined and Ex.M.1 to Ex.M.28 were marked. The Labour Court came to a finding that P.Jayakumar who is the respondent in W.P.(MD)No.6612 of 2009 alone had taken an active part in the strike and other three workmen did not take active part.

(2.) In that view of the matter, the orders of dismissal in the case of those three workmen namely S.Muthukrishnan, S.Arumuga Nainar and N.Komban, were set aside and the management was directed to reinstate them in service with continuity of service and back wages.

(3.) However, in the case of P.Jayakumar, reinstatement in service was denied. In order to give some relief 50% of back wages from the date of dismissal till the date of passing of the award was granted under Sec. 11(A) of the Industrial Disputes Act, 1947. Challenging these awards, these writ petitions have been filed.