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2004 Supreme(Mad) 1357

K.P.SIVASUBRAMANIAM
Madura Sugars Staff Union & Others – Appellant
Versus
Madura Sugar Mills – Respondent


Advocates Appeared:For The Petitioner:D.Hariparanthaman, Advocate. For The Respondents:Vijay Narayan, Senior Advocate, R.Parthiban, Advocate.

Judgment :-

The petitioner is the Secretary of the Madura Sugars Staff Union registered under the Trade Unions Act, 1956. He has prayed for a writ of Mandamus to direct the respondent to pay 50% of the wages as layoff compensation under Section 25-C of the Industrial Disputes Act to seasonal workmen of the respondent for the period of layoff commencing from 29.11.2002.

2. The petitioner contends that the respondent is a Sugar Mill owned by the Tamil Nadu Government. When it was established in the year 1949, it was a private mill and subsequently taken over by the Government in 1983. The reason for the take over itself was that the private mill failed to pay the dues payable to the farmers who supplied sugarcane and non-payment of electricity charges and that the amount recovered from the farmers towards repayment of crop loan was not remitted to the banks. The petitioner further submits that at the time of take over, the mill had the crushing capacity of 800 tonnes per day and had employed 701 workmen, both regular and seasonal. After the take over, the crushing capacity was increased to 1250 tonnes. However, during 1995, the work force was reduced to 556 from 701, instead of increa
































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