LAWS(MAD)-2019-8-268

INDO SKINS GARMENTS PRIVATE LIMITED Vs. PRESIDING OFFICER

Decided On August 06, 2019
Indo Skins Garments Private Limited Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) Writ Petitions are filed for issuance of writ of Certiorari to call for the records from the 1st Additional Labour Court in the common award dated 22.11.2006 passed in I.D.Nos.101, 106, 105 and 104 of 1999 respectively on its file and quash the same.

(2.) The petitioner is challenging the common award dated 22.11.2006 passed in 8 individual disputes raised by the second respondent in all the Writ Petitions and other employees. The facts in all the Writ Petitions are one and the same and are challenging the same award dated 22.11.2006 and hence they are disposed of by this common order.

(3.) The learned Senior Counsel appearing for the petitioner contended that the petitioner is a Private Limited Company incorporated in the year 1990 under the Companies Act, 1956. The petitioner established factory to manufacture leather products and started production in the year 1993. As the manufacturing activities progressed and orders started increasing, the petitioner increased labour force. The petitioner is covered under Employees State Insurance Act and Provident Fund Act. The petitioner maintains required registers and the same are periodically inspected by the concerned authorities. The second respondent in all the Writ Petitions are not employees of the petitioner and there is no employer-employee relationship between the petitioner and the second respondent. The second respondent claimed to be the employee of the petitioner and contend that he was terminated by the petitioner from service. The second respondent initiated conciliation proceedings before the Labour Officer when the conciliation proceedings ended in failure, they raised Industrial Dispute before the first respondent in I.D.Nos.101, 106, 105 and 104 of 1999. The first respondent without considering the materials on record, passed the impugned common award.