CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present batch of three Intra Court appeals have been filed impugning the common judgment and order dated 27.08.2024 passed by the writ Court in W.P.No.57049/2015 connected with W.P.No.17692/2018.

The writ petitions were filed by the appellants-Workmen challenging the award dated 21.07.2015 passed by the Industrial Tribunal at Mysore in Reference No.156/2010. The Industrial Tribunal had held that laying-off the 84 workmen with effect from 22.06.2009 by the respondent-Establishment was not in violation of the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act' for the sake of brevity) and as the workmen had failed to establish that the management had employed more than 100 workers as on the date of declaring lay-off and retrenching 84 workers, the Labour Court has rejected the reference and held that the workmen were not entitled to any relief.

The learned Single Judge vide impugned judgment and order has been of the opinion that the security guards(17 in numbers) and 28 contract labours/casual workers working in the establishment during the relevant period cannot be termed as 'Workmen' under S