LAWS(MAD)-2019-8-212

KANDASAMY SPINNING MILLS PRIVATE LTD Vs. S PALANISAM

Decided On August 21, 2019
Kandasamy Spinning Mills Private Ltd Appellant
V/S
S Palanisam Respondents

JUDGEMENT

(1.) The Writ Appeals have been filed calling into question the common order dated 14.03.2018 of the learned Single Judge in W.P.Nos.19670 to 19672 of 2010, whereby, the learned Single Judge had set aside the award passed by the 1st respondent, the Labour Court, Salem, dated 16.04.2009 in I.D.Nos.88 of 2004 to 397 of 2004 and 671 of 2004 to 694 of 2004 and also the order passed by the same Court in I.A.Nos.197 to 530 of 2008 in I.D.Nos.88 of 2004 to 397 of 2004 and 671 of 2004 to 694 of 2004 also dated 16.04.2009 and had consequently, allowed W.P.Nos.19670 of 2010 and 19672 of 2010.

(2.) By the said common order, the learned Single Judge had remanded all the Industrial Disputes back to the Labour Court, Salem, and had further directed the Labour Court to expeditiously adjudicate the disputes between the Workmen and the Management on merits and in accordance with law, preferably within a period of 9 months from the date of receipt of a copy of the common order.

(3.) The dispute between the Workmen and the Management had been a long standing affair with no end in sight. The parties have been meandering around in circles, going no where. They have finally ended up before this Court of law seeking adjudication of their disputes which originally arose on 26.12.1981. On that date, the workmen Union by name Periyar Mavatta Nool Aalai Thozhilalargal Sangam had raised a set of demands. Eight months later on 27.08.1982, they gave a notice stating that they would go on strike from 11.09.1982. But they commenced their strike on 04.09.1982 itself. On 06.09.1982, there was a group clash among the workmen leading to the unfortunate death of one Subramaniam, in relation to which, First Information Report in Crime No.216 of 1982 was registered against 188 named workmen.