(PRAYER IN W.P.No.34269 of 2006: This Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Declaration declaring the voluntary retirement scheme of the respondent company called VRS-2006 applicable to the workers in the pest control division of the Hosur factory of the respondent company, as being illegal and violative of Section 9-A of the Industrial Disputes Act and issue.

PRAYER IN W.P.No.34270 of 2006: This Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus forbearing the respondent Management from effecting any further illegal deductions from the wages of the members of the petitioner union working in the pest control division of the Hosur factory of the respondent company including deductions under the guise of paying them 'pro-rata wages' and direct the respondent to appropriately reimburse to the members of the petitioner union the amounts deducted from their wages for the months of April to August 2006.)

The United Labour Federation represented by its General Secretary has filed these writ petitions for declaration that Voluntary Retirement Scheme called V.R.S.2006 made applicable to the Pest Control Division, Hosur factory of the respondent company as illegal and violative of Section 9(A) of the Industrial Disputes Act, and another Writ Petition forbearing the respondent/Management from effecting any deduction from the wages of the members of the petitioner Union working in the Pest Control Division, Hosur factory including deduction under the guise of paying pro-rata wages and directing the respondent to appropriately reimburse to the members of the petitioner Union, the amounts already deducted for the months of April 2006 to August 2006.

2. According to the petitioner Union, the respondent company is a Multi National Company, operating factories at at Mysore, Hosur, Katla West Bengal, Dadka West Bengal and it is a private company. The Hosur factory is involved in the manufacture of mosquito repellent coils, mats and arousal sprays in the name of MORTEIN under the brand name Haze and the ingredient for another company’s products by name DETTOL. In July 2004, 27 workers joined in the petitioner Union. Thereafter, another 48 persons joined on 30th August 2004, and on 29th September 2004 another 16 more permanent workers joined and totally 91 workers have become the members of the petitioner Union and the petitioner Union has become the majority union.

3. According to the petitioner Union, the respondent has terminated 4 of the 27 workers, who were appointed as Operator Trainees and subsequently, designated as permanent workmen for a period of 15 months and the petitioner Union has raised an Industrial Dispute, which is pending in I.D.No.235 of 2005. Subsequently, in respect of shifting of the manufacturing line outside the factory and claiming permanency of contract workers engaged in manufacturing process in the factory and for payment of incentives, the petitioner Union has also raised an Industrial Disputes pending in I.D.No.24 of 2005. It is due the threat by the management, 6 members of the petitioner Union have left the petitioner Union. The management has dismissed 5 workmen from service namely P.K.Rakesh Babu, R.Tamilarasan, V.Vijayakumar, R.Kumar and R.Yasin Sherif and filed approval petitions in A.P.No.27 to 31 of 2005 under Section 33(2)(b) of the Industrial Disputes Act, and the same is pending before the Tribunal.

4. It is also the case of the petitioner Union that since unfair labour practice have been committed, threatening and discouraging the workers from joining the petitioner Union and abuse of disciplinary powers, W.P.No.4378 of 2005 was filed to prosecute the concerned officer of the respondent management and the same is pending.

5. In respect of the using of stamping machines for punching at the speed of 18 strokes per minute, when the same was increased to 25 strokes per minute, which is abnormal, the peti