MANAGEMENT OF KALLAKURICHI TALUK COOPERATIVE RURAL HOUSING SOCIETY LIMITED Vs. PRESIDING OFFICER, LABOUR COURT CUDDALORE

JUDGEMENT

(1.) The Award dated 17.11.2003 passed in I.D.No.210 of 1992 is under challenge in the present writ petition.

(2.) The writ petitioner Society is Kallakurichi Taluk Cooperative Rural Housing Society Limited, which is registered under Tamil Nadu Cooperative Societies Act, 1981. The second respondent-workman was engaged as a casual labourer on need basis. There was no proper appointment order issued by the writ petitioner-Management in compliance with the provisions of the bye-laws or the Tamil Nadu Cooperative Societies Act and the Rules. Thus, the initial appointment of the second respondent-workman was irregular. The writ petitioner states that during September 1996, the second respondent on his own volition stopped reporting for work and resigned his job on 27.09.1986. Thereafter, the petitioner raised an industrial dispute with an allegation that the writ petitioner-Management denied employment and orally the second respondent-workman was terminated from service on 28.09.1986. The dispute was raised in I.D.No.210 of 1992.

(3.) The learned counsel for the writ petitioner states that there were many changes in the management of the writ petitioner-Society. On account of the change of elected Board and due to that records relating to I.D.No.210 of 1992 was lost and the pendency of the above dispute was not known to the management due to efflux of time. Thus, the writ petitioner-Society was not represented in I.D.No.210 of 1992 and an ex parte award was passed on 05.07.1996, directing the writ petitioner-Society to reinstate the second respondent-workman with backwages, continuity of service and other benefits.