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2019 Supreme(Mad) 3102

S.M.SUBRAMANIAM
Management of Brakes India Ltd. – Appellant
Versus
Presiding Officer, I-Additional Labour Court – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Ravindran, Senior Counsel for S. Bazeer Ahamed
For the Respondent: G. Purushothaman

ORDER :

S.M. Subramaniam, J.

1. The Award of the Labour Court dated 09.09.2015 passed in I.D. No. 94 of 1981, is sought to be quashed and a consequential direction is also sought for to pay a lump sum amount of Rs. 10 lakhs to the second respondent-workman by the writ petitioner-Company as compensation in lieu of reinstatement with minor punishment.

2. The writ petitioner-Establishment is the manufacturer of Automobile parts. The writ petitioner-Company states that the second respondent-workman along with two other office bearers of Brakes India Employees Union, P. Selvaraj and P.V. Madhavan, challenged the leadership of S.M. Narayanan and prevented him from conducting Union Elections during April 1977. Thereafter, intra Union rivalry intensified between these two group of office bearers. As a consequence, the second respondent, P. Selvaraj and P.V. Madhavan with a view to upstage Mr. S.M. Narayanan and Mr. N. Devarajan, instigated the workmen to indulge in stoppage of work, insubordination, disorderly behaviour, loitering, holding demonstration etc., all being done during normal working hours of the factory in both the shifts. This was intensified as a stay in strike from 13.07.1977

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