V SANTHANAM Vs. PRESIDING OFFICER, LABOUR COURT, MADURAI

JUDGEMENT

(1.) This batch of Writ Petitions seek to quash the common order dated 29.07.2010 passed by the Labour Court confirming the dismissal orders served on the petitioners by the second respondent during 2002 on the ground of violation of Section 33 (2) (b) of the Industrial Dispute Act, 1947 and sought consequential relief in terms of the decision of the Constitutional Bench of the Hon-ble Supreme Court reported in 2002 (1) LLN page 639.

(2.) The petitioners were working as permanent employees of the Tamil Nadu State Transport Corporation (Madurai) Limited. They were members of the trade union by name, Arasu Pokkuvaratthu Tholilalalar Sangam, Virudunagar, with Trade Union Registration No.253/VDR. The petitioners state that it has been a practice that from the inception, all the State Transport Corporation owned by the Government of Tamil Nadu had been entering into a settlement under Section 12 (3) of I.D Act, 1947 only with the federation of trade unions and that the State Transport Employees Federation had also signed various wage settlements under Section 12 (3) of I.D Act, 1947 with all the Transport Corporations owned by the State of Tamil Nadu including the second respondent corporation. A federation of Trade union is also averred as a trade union as per Section 2 (h) of the Trade Unions Act, 1926.

(3.) The petitioners were served with dismissal orders by the second respondent Transport Corporation after domestic enquiry on various charges particularly of absenting from duty. The petitioners submit that the State Transport Employees Federation had issued a strike notice on 18.03.2002 raising certain demands relating to new wage settlement, payment of bonus, ex-gratia and other service benefits. The petitioners- union namely, Arasu Pokkuvarathu Tholilalar Sangam, Virudhunagar which is functioning in the second respondent Transport Corporation had also issued a strike notice dated 20.03.2002 to the second respondent raising the same demands against the second respondent. In response to the Strike Notice of the Federation, the Commissioner of Labour, Chennai, initiated the conciliation proceedings, as the transport industry is a public utility service as per Section 2 (n) of I.D.Act, 1947. Similarly and simultaneously, it was averred that the Labour officer at Virudunagar had also initiated conciliation proceedings and issued notice dated 20.03.2002 calling the parties to attend the conciliation talks.