1. In all these writ petitions, the petitioner/respondent before the Labour Court (hereinafter referred to as "the Management") has challenged the awards of the Labour Court in the industrial disputes raised by the first respondents/petitioners before the Labour Court (hereinafter referred to as "the employee(s)") under Section 2-A(2) of the Industrial Disputes Act, 1947 (for brevity, "the Act") directing the Management to reinstate the employees in service with full back-wages, continuity of service and all other attendant benefits.

2. By virtue of the judgment of the Hon'ble First Bench of this Court in W.A.Nos.1438 of 2008, etc. batch, dated 5.11.2008, it is informed that the employee in W.P.No.11860 of 2006 (G.Sumathi - I.D.No.633 of 2002), the employee in W.P.No.11539 of 2006 (K.U.Suresh Kumar - I.D.No.630 of 2002) and the employee in W.P.No.11204 of 2006 (R.Srinivasan - I.D.No.632 of 2002) were reinstated on 9.4.2009.

3. It is also brought to the notice of this Court that the employee in W.P.No.11648 of 2006 (M.Sankaran - I.D.No.735 of 2002), the employee in W.P.No.11081 of 2006 (P.G.Ranganathan - I.D.No.738 of 2002), the employee in W.P.No.11082 of 2006 (N.Sukumaran - I.D.No.737 of 2002) and the employee in W.P.No.11080 of 2006 (A.M.Sekar - I.D.No.739 of 2002) have retired on attaining superannuation in June, 2009, April, 2009, May, 2009 and October, 2008 respectively.

4. It is informed by the learned counsel for the Management that the employee in W.P.No.12169 of 2006 (P.Lokesh (Bangalore) - I.D.No.736 of 2002) has been offered employment, but he is not attending. It is also informed that while the employee in W.P.No.13068 of 2006 (S.N.Shyam Sundar - I.D.No.631 of 2002) is being paid salary under Section 17B of the Act, the employee in W.P.No.11083 of 2006 (B.Subbu Venkatraman - I.D.No.734 of 2002) is neither offered employment nor paid wages under Section 17-B of the Act.

5.1. The company, which is engaged in the manufacture of industrial motors and pumps, was incorporated in the year 1911 as Best and Co., and amalgamated with Crompton Engineering in the year 1971. The company is having units both at Chennai and Bangalore with total strength of all staff around 200 and its administrative office is at No.39, Industrial Estate, North Ambattur, Chennai.

5.2. It is stated that the company has incurred huge financial loss due to recession and decided to retrench 48 employees, viz., 13 employees from the administrative office and 35 employees from various units, on payment of compensation. It is stated that out of 48 employees, 35 employees have accepted the offer of cessation of service, while 13 employees raised industrial disputes before the Conciliation Officer on the termination notice dated 14.2.2002 issued by the Management and the conciliation ended in failure and the 13 employees raised industrial disputes. It is stated that out of the 13 employees, 3 employees have settled the dispute and the remaining 10 employees have proceeded with the petitions filed before the Labour Court.

W.P.No.11080 of 2006:

6.1. The employee in W.P.No.11080 of 2006, who has filed I.D.No.739 of 2002, has joined the services of the Management on 4.5.1981 as a Clerical apprentice and subsequently, he was promoted to Managerial Grade II Level on 1.4.2000. However, according to him, he is a workman as per Section 2(s) of the Act and his responsibilities were preparation of monthly operational results, maintenance of debtors, creditors and stores ledgers, verification of purchase order, supplier bill and payment vouchers, product costing and preparation of schedules for statutory tax audit.

6.2. The employee was placed in the Foundry Division of Ambattur Factory and in respect of all procurements made he was maintaining accounts. It is stated that even though the Management has introduced voluntary retirement scheme in various years, including 1998 and 1999, no such application was given to him, since the Management required his servic