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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
President, Fair Thozhilalargal Sangam – Appellant
Versus
General Manager, M/s.fine Automative & Industrial – Respondent
ORDER :
D. BHARATHA CHAKRAVARTHY, J.
A. The Writ Petition:
This Writ Petition is filed by the FAIR Thozhilalargal Sangam, a Trade Union, challenging the award of the Labour Court, Puducherry, dated 11.02.2003 made in I.D.No.6 of 1999. By the said award, the Labour Court answered the reference rejecting the claim of the workmen and answering the points in favour of the management.
B. The Reference:
2. By G.O.Rt.No.26/99/Lab/L, dated 05.02.1999, the following was referred for adjudication by the Government of Puducherry:
1. Whether the non-employment of the workmen listed in Annexure-II by the management of M/s.Fine Automotive and Industrial Radiators (P) Limited, Pondicherry is justified? If so, to what relief they are entitled?
2. To compute the relief, if any awarded in terms of money, if can be so computed.
ANNEXURE - II
LIST OF WORKMEN TERMINATED
| Sl.No. | Name of the workmen | Designation |
| 1. | P.Sathiyamani | Operator |
| 2. | B.Seshachalam | Fitter |
| 3. | P.Chakkaravarthi | Assembler |
| LIST OF TEMPORARILY TERMINATED WORKERS | ||
| 4. | M.Viswanathan | Fitter |
| 5. | T.M.Ezhumalai | Assembler |
| 6. | Veerabathiran Radiator | Tester |
| 7. | M.Anbalagan | Fitter |
| 8. | S.Murugan | Welder |
| 9. | P.Kumar | Dipping Operator |
| 10. | P.Murugan | Tester |
| 11. | K.Balakrishnan | Welder |
| LIST OF ORALLY TERMINATED | ||
Termination of workers after union formation without adhering to mandatory procedures of the Industrial Disputes Act is unjustified, warranting compensation instead of reinstatement.
The court upheld the Labour Court's finding of unjustified non-employment of workmen due to unfair labor practices, establishing the employer-employee relationship despite claims of contract labor.
The court emphasized the need for proper inquiry under the Industrial Disputes Act, affirming that wrongful termination without due process warrants reinstatement with continuity of service and back ....
Termination of employment deemed punitive requires prior permission under Section 33 of the Industrial Disputes Act, 1947, which was not obtained, rendering the termination illegal.
The termination of the workman was deemed unjustified and punitive, leading to an increase in compensation from Rs.2,00,000 to Rs.4,00,000 based on the nature of his duties and the stigma attached to....
Dismissal without a proper inquiry is unjustifiable; individual misconduct must be proven for disciplinary action, affirming the right to strike as a legitimate demonstration.
The Management's transfer of workmen was ruled illegal due to violations of the Industrial Disputes Act during pending conciliation, affirming the Labour Court's authority to review such actions.
Point of Law : An opportunity to lead evidence to prove misconduct independently of domestic enquiry ought to have been granted.
An unregistered trade union can represent workers collectively, and the status of employment should be determined by actual working conditions, not merely contractual labels, establishing permanent e....
The court affirmed that once a reference is made under the Industrial Disputes Act, the Labour Court must adjudicate the dispute, and upheld the fairness of the domestic inquiry conducted against the....
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