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1998 Supreme(Mad) 242

D.J.JAGANNADHA RAJU, M.S.LIBERHAN
Chemplast Sanmar Limited – Appellant
Versus
Mettur Chemicals Podhu Thozhilalar Sangam and Another – Respondent


Appearing Advocates:Sanjaimohan For M/s. Ramasubramanian, Associates, K. Chandru For D. Hariparanthaman, Advocates.

Judgment :-

D. RAJU, J.

The above writ appeals have been filed against the common order of a learned single Judge of this Court dated July 11, 1997, in W.P. Nos. 6452 and 6453 of 1997, whereunder the learned Judge was pleased to allow the writ petitions filed by the employees' unions relating to two establishments, seeking for the relief of mandamus directing the appellant/management not to discontinue the existing benefits, viz., regular fixed monthly payment covered under the settlement dated November 27, 1992, without giving prior notice under Sec. 9-A of the Industrial Disputes Act (hereinafter referred to as "the Act"), at the same time leaving liberty with the management and the workmen unions to negotiate and arrive at a reasonable settlement, in accordance with law. The appeals could be dealt with together inasmuch as, not only the learned Single Judge also dealt with the same similarly, but even before us, submissions have been made by counsel appearing on either side, in common.

The sum and substance of the claim of the respondent-unions is that since the appellant-companies have been making enormous profits and the workmen are outside the purview of the Payment of Bonus Ac









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