NAFED PROCESSED FOODS A UNIT OF NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION INDIA LIMITED Vs. LABOUR INSPECTOR

JUDGEMENT

(1.) THE petitioner is a Multi-State Co-operative Society. Aggrieved by the order passed by the first respondent in respect of Labour Court in E.Nos.336 to 339/1998, dated 16.6.1999, the present writ petition has been filed.

(2.) THE writ petition was admitted on 22.3.2000. Pending writ petition, this Court granted an order of interim stay on 20.9.2000 directing the petitioner to deposit Rs.3 lakhs before the first respondent and on such deposit, the amount was directed to be invested in approved security. Subsequently, when the matter came up on 4.9.2003, it was informed that the petitioner had already complied with the said condition. Though the workman took up an application to withdraw the said amount at the rate of Rs.75,000/- for each respondents 2 to 5, this Court did not grant the relief, but merely allowed each of the contesting respondents to withdraw the interest periodically. By the impugned order, the first respondent has granted the benefit of Section 3 of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981, (for short Tamil Nadu Act 46 of 1981) on the footing that respondents 2 to 5 have put in 480 days of service within the period of 24 calendar months. THE first respondent is the Inspector and entitled to decide the dispute between the parties in terms of Rule 6 framed under the Tamil Nadu Act 46 of 1981. THE contentions raised before this Court are that the petitioner being a Multi-State Co-operative Society is not covered under Section 2(4) of the Tamil Nadu Act 46 of 1981 and the workers have accepted the Voluntary Retirement Scheme. THErefore, the workers are ineligible for any relief.

(3.) IN the light of the same, the parties will work out their right to get both wages on the basis of the outcome of the proceedings pending before the Labour Court. Hence, the writ petition is misconceived and devoid of merits. Accordingly, the writ petition stands dismissed. However, there will be no order as to costs.