LAWS(MAD)-2009-12-468

A AROKIAM Vs. LABOUR OFFICER

Decided On December 11, 2009
A. AROKIAM Appellant
V/S
LABOUR OFFICER Respondents

JUDGEMENT

(1.) THE petitioner in W.P.No,27823 of 2005 was Dosai Master. THE petitioner in W.P.No.14373 of 2005 is canteen employee. THE fifth respondent is a Cooperative Sugar Mills. THE petitioners and other canteen workers raised an industrial dispute before the Labour Officer seeking for absorption of their services as employees of the main factory. THE Labour court to which the dispute was referred by its award in I.D.No,72 of 1984 dated 27.10.1989 granted relief to the workmen. THE Labour Court granted direction to the management to fix their basic pay and other benefits.

(2.) THE management challenged the said award before this Court which was also rejected by this Court. Subsequent to the award, it was found that 16 workers in the canteen have accepted the order dated 23.10.2002 fixing their wages and service conditions and they have entered into a settlement under Section 18(1) of the I.D. Act .

(3.) IN both the writ petitions, counter affidavits were filed by the fifth respondent, in which it was stated that since they have already implemented the award and the question of violation of the award did not arise. IN so far as the petitioners were concerned, they had already been dismissed. The other workers have signed the settlement under Section 18(1) of the I.D. Act replacing the award.