CHIEF EXECUTIVE OFFICER DISTRICT FOREST OFFICER Vs. MALLIKA

JUDGEMENT

(1.) THE Chief Executive Officer/district Forest Officer, Sandalwood Industrial Complex, Tirupattur has filed a batch of 22 Writ Petitions challenging the Common Award dated 14. 12. 2000 passed in I. D. Nos. 15, 26, 33, 30, 22, 29, 21, 16, 27, 25, 31, 32, 20, 23, 34, 36, 35, 24, 28, 18, 19 and 17 of 1999 respectively on the file of the second respondent Labour Court, Vellore.

(2.) THE first respondent in each one of the cases are women who have been employed as Grade-III Mazdoors in the Additional Sandalwood Depot on daily wage basis. The wages were fixed by the Principal Chief Conservator of Forests/conservator of Forests on the basis of the rate fixed by the Labour and Employment Department for the Sandalwood Depot workers and also complying with the requirements of Minimum Wages Act. It includes dearness allowance. The nature of employment of the first respondent workmen is to transport sandalwood kept in the Additional Depot to the Final Cleaning Depot. According to the petitioner Department, the women 1st respondent in each case were appointed as casual labourers and were paid on daily wage basis. It is stated in the affidavit that on 16. 3. 1997, there was a big fire in the additional Sandalwood Depot which resulted in closing down the Depot. Consequently, the Department was unable to give any work to the first respondent workmen in all the petitions and they were stopped from 10. 9. 1997. The first respondent women employees raised 22 Industrial Disputes before the Labour Court to reinstate them with full back wages and continuity of services.

(3.) BEFORE the Labour Court, all the 22 Industrial Disputes were taken up together and disposed off by a common award. On behalf of the workmen, two of the workmen were examined as W. W. 1 and W. W. 2 and Exhibits W1 to W4 were marked. On behalf of the management, one witness was examined as M. W. 1 and Exhibits M1 to M12 were marked.