THE UNIVERSITY OF MADRAS REPRESENTED BY ITS REGISTRAR AND THE INSTITUTE OF CORRESPONDENCE EDUCATION, UNIVERSITY OF MADRAS REPRESENTED BY ITS DIRECTOR Vs. K BALAKRISHNAN AND THE I ADDITIONAL LABOUR COURT REPRESENTED BY ITS PRESIDING OFFICER

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioners and the learned Counsel appearing for the first respondent.

(2.) This writ petition has been filed by the petitioners challenging the award of the second respondent Labour Court, dated 6.5.2003, made in I.D. No. 507 of 1995.

(3.) It has been stated that the first respondent and 14 others had filed a writ petition before this Court, in W.P. No. 8431 of 1986, praying for a writ of mandamus to direct the respondents therein, including the petitioners in the present writ petition, to continue to employ the petitioners in service. After hearing the petitioners, as well as the respondents therein, this Court was pleased to dismiss the said writ petition by an order, dated 2.7.91, on a specific finding that the petitioners, except one K.Balakrishnan, had not worked for the statutory period of 240 days and therefore, the provisions of Section 25F of the Industrial Disputes Act, 1947, would not be applicable to them. Aggrieved by the said order, a writ appeal had been preferred before a Division Bench of this Court, in W.A. No. 1164 of 1991. The said appeal had been dismissed by an order, dated 5.12.91, permitting the petitioners to resort to the appropriate process prescribed by the laws relating to industrial disputes. Accordingly, the first respondent had filed a petition before the Labour Officer III, Kuralagam, Chennai, for conciliation of the dispute. Since no conciliation could be arrived at, a failure report had been submitted to the Government.