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2009 Supreme(Mad) 4996

K.K.SASIDHARAN
R. Govindarajan & Others – Appellant
Versus
The Presiding Officer, Labour Court, Tiruchi & Another – Respondent


Advocates Appeared:
For the Petitioners:N.G.R. Prasad, Row and Reddy, Advocates.
For the Respondents:V. Karthick, R2, T.S. Gopalan and Co., Advocates.

Judgment :-

This Writ Petition is directed against the common award of the Labour Court, Trichirapalli dated 11 January 1996 in Industrial Dispute No.25 to 27 of 1994 whereby and whereunder, the industrial dispute raised by the petitioners challenging their dismissal by the second respondent was dismissed.

Background facts :-

2. The petitioners were working in the second respondent establishment, having joined the service on 05.03.1984, 26.08.1985 and 05.03.1984 respectively. The petitioners were also involved in trade union activities to protect the interest of the workers.

3. During the month of November 1992, the second respondent Management introduced an incentive scheme which was found to be non-beneficial to the workmen. Therefore, the union resorted to a joint action against the management. There was a demand for ex-gratia over and above the statutory bonus. The Management immediately resorted to lockout under the guise of suspension of operation. It was followed by conciliation proceedings and ultimately, a settlement was entered into between the parties on 1 December 1992 under Section 12(3) of the I.D. Act.

4. The dispute was settled and as agreed, the workmen reported fo





































































































































































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