M.SEKAR Vs. MANAGEMENT

JUDGEMENT

(1.) The present writ petitions are filed challenging the order passed by the the Principal Labour Court, Vellore in I.A.No.3 of 2019 (7 cases) in I.D Nos.18, 14, 15, 16, 19, 21 and 17 of 2018.

(2.) The writ petitioners are workmen. The industrial dispute was raised challenging the order of dismissal imposed on the workmen based on the alleged misconduct. After raising the industrial dispute, the petitioners/workmen filed an interlocutory application with a prayer to decide the fairness of the enquiry as a preliminary issue. The Labour Court had already taken a preliminary issue in this regard and the adjudications are in progress. It is not disputed that the preliminary issue is posted for evidence. Under those circumstances, another interlocutory application was filed in I.A.No.3 of 2019 with a prayer to decide the issue regarding the non-adherence of the mandatory provisions under Section 33 (2)(b) of the Industrial Disputes Act which is fatal.

(3.) The leaned counsel for the writ petitioners made a submission that two separate interlocutory applications were filed one to decide the fairness of the enquiry and another petition to decide the preliminary issue regarding the non-adherence of the mandatory provision under Section 33(2)(b) of Industrial Disputes Act. However, the first interlocutory application was filed to decide the fairness of the enquiry and after some time, the second interlocutory application was filed to decide the validity of the termination order which was issued without complying with the provisions of Section 33 (2)(b) of I.D Act.