THE MANAGING DIRECTOR, TAMIL NADU FISHERIES DEVELOPMENT CORPORATION LIMITED Vs. THE PRESIDING OFFICER, LABOUR COURT, MADURAI AND ORS.

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners challenging the award passed by the Labour Court in I.D.Nos.185 of 1995 and 314 of 1996, whereby and whereunder the first respondent / Labour Court directed reinstatement of the 2nd respondents / workmen with continuity of service but without backwages on the ground that the retrenchment of the 2nd respondents / workmen, who served about five years, is illegal.

(2.) According to the petitioners, they stared a new scheme by name "Pearl Cultural Project"? at Mandapam for development purpose during the year 1991 as a test case. To suit the above specific purpose 24 persons were engaged on temporary basis, including the 2nd respondents herein. The scheme came to an end during the year 1995, since the project ended in failure and subsequently, it was decided to let lease and the lessee was also willing to absorb the said employees, but some of them, including the 2nd respondents herein, were not willing to work under lessee. Hence, the 2nd respondents and others were retrenched by giving retrenchment compensation. Refusing to receive the compensation and go for work, the 2nd respondents herein and other similarly placed persons preferred Industrial Dispute. Without considering the case of the petitioners, the first respondent herein has directed reinstatement of the 2nd respondents / workmen with continuity of service but without backwages on the ground that the retrenchment of the 2nd respondents / workmen, who served about five years, is illegal.

(3.) Heard the learned counsel for the petitioner and the learned counsel appearing for the second respondent in both the petitions.