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2025 Supreme(Mad) 4099

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
General Secretary – Appellant
Versus
Management, Balkart Brothers (India) Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs.D.Nagasaila, for M/s.N.Beulah John Selvaraj
For the Respondents: Mr.S.Ravindran, Senior Counsel, Asst. by Mr.P.Nehru

ORDER :

This Writ Petition is filed challenging the award of the Labour Court, dated 18.10.2012 made in I.D.No.387 of 2002. By the said award, the claim of the workmen to declare the lockout as illegal and pay all the benefits to them was negatived by the Labour Court.

2. The brief factual background, in which, the Writ Petition arises is that the 10 workmen, who are now pursuing the Writ Petition, were originally the employees of the first respondent management which is a paper mill. It is seen from the records that originally, the mill was run by a Company known as T.T.K. Company and that there was a transfer of undertaking in the year 1999. Immediately, after the purchase of the mill, the new management resorted to making certain changes in the functioning of the mill which seemed to be objected to by the common group formed by the trade union.

3. Under the said circumstances, it is seen that the management, immediately after the purchase, realised that the quantum of output and the market price of the paper and the cost price do not match and every month, there will be a huge loss. Taking stock of the said situation, they shut the unit for maintenance. During the maintenance, when

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