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2013 Supreme(Mad) 2625

T.RAJA
Management, Sri Balaji Cotton Mills Limited, Salem – Appellant
Versus
Presiding Officer, Labour Court, Salem – Respondent


Advocate Appeared:
For the Petitioner:S. Ravindran for M/s. T.S. Gopalan & Co. Advocates.
For the Respondents: R2, R3, R5 to R12, R14 to R16, R18 & R19:N.G.R. Prasad for M/s. Row, Reddy, Advocates, R4, R13 & R17, No Appearance.

Judgment :-

1. The petitioner seeks for issuance of a writ of certiorari to quash the common order passed by the first respondent/the Presiding Officer, Labour Court, Salem, in C.P.Nos.412, 414, 416, 418, 421, 422, 433, 434, 435, 438, 445, 447, 448, 449, 450, 455, 456 and 457 of 2005, dated 28.02.2005, by calling for the records connected thereto.

2. Mr.S.Ravindran, learned counsel appearing for the petitioner submitted that the petitioner / Cotton Mills situated at Vembadithalam in Salem District, has employed more than 100 employees including the respondents 2 to 19, and all of them are members in three recognised Unions, namely, INTUC, LPF and ATP. Whileso, a settlement was reached under Section 12(3) of the Industrial Disputes Act (in short "Act) between the workmen and the management on 02.01.1995 and the same came to an end on 31.12.1999. As per the said settlement, the petitioner management had agreed to grant variable Dearness Allowance (DA) at the rate of 32 paise for the first two years and 33 paise in the third year and 34 paise in the fourth year on every increased point over and above 5000 points (Madras Consumer Costs of Living Index Point). Clause 22 of the said settl











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