IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
The General Secretary, Tamil Nadu Jananayaga Thozhilalar Sangam – Appellant
Versus
The Management, J & J Leather Enterprises Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge of the award under review. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding employment status and management's responsibilities. (Para 7 , 8 , 9 , 10) |
| 3. court's reasoning against interference with tribunal's award. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. final dismissal of the writ petition. (Para 18) |
ORDER
This Writ Petition challenges the impugned award, dated
26.12.2022, made in I.D.No.31 of 2006. The Award was in answer to the reference made via G.O.(D).No.738, dated 30.10.2006, made by the Industrial Tribunal, Chennai, ruling against the workmen and stating that the claims are not justified.
2. The brief factual background, in which the Writ Petition arises, is that vide G.O.(D).No.738, dated 30.10.2006, two issues were referred for adjudication by the Tribunal. The first question was whether all the workmen, without any discrimination, are entitled to a wage hike and, if so, the requisite orders should be passed. The second question was whether the action of the management, in terming the regular workmen working under the management as contract labourers, is justified or not, and if it is not justified, then, appropriate orders should be passed. The said
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