The Management Of Data Field v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.13900 of 2005 & 15712 of 2009 and WPMP.No.15213 of 2005 WP.No.13900 of 2005 The Management of Data Field India Pvt.Ltd., 119/1B, Mudalipalayam Road, Arasur Post, Coimbatore 641 407 ... Petitioner Vs.

1.The Presiding Officer, Labour Court, Coimbatore 2.Veerammal 3.Vijayalakshmi 4.Minor Kalaimathy rep. By Mother Vijayalakshmi (3rd respondent) 5.S.A.Yasodha Kannan 6.S.S.Saravana Kumar 7.K.Maheswari 8.P.H.Abdul Kabir 9.S.R.Subramaniam 10.B.Shankar 11.M.Kathiravel 12.N.Vijaya 13.A.Karthikeyan 14.T.Nagakumar 15.S.Kanimoli 16.M.Gomathi 1/8

17.N.Murugesan 18.A.Rajamani 19.K.Thankaraj 20.K.Devaraj 21.A.Aruchami 22.V.Senthilkumar 23.K.Sarojini 24.A.Bharathi 25.P.Sumathi 26.R.Uma 27.P.Thandapani 28.M.Rajamani 29.S.Vanitha 30.K.Jayamani 31.V.Thirumurthi 32.S.Sekar ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorari calling for the records of the first respondent in ID.Nos.649 to 677 of 1999 and quash its award dated 28.10.2004.

For Petitioner : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

For Respondents For R1 : Court For R2 to 32 : Mr.V.Govardhanan for M/s.Row and Reddy WP.No.15712 of 2009 1.Veerammal 2/8

2.Vijayalakshmi 3.Kalaimathy 4.S.S.Saravana Kumar 5.S.Maheswari 6.P.H.Abdul Kabir 7.S.R.Subramaniam 8.B.Shankar 9.M.Kathirvel 10.N.Vijaya 11.A.Karthikeyan 12.P.Nagakumar 13.S.Kanimozhi 14.M.Gomathi 15.N.Murugesan 16.A.Rajamani 17.K.Thankaraj 18.K.Devaraj 19.A.Aruchamy 20.V.Senthilkumar 21.K.Sarojini 22.A.Bharathi 23.P.Sumathi 24.R.Uma 25.P.Thandapani 26.N.Rajamani 27.S.Vanitha 28.V.Jayamani 29.V.Thirumoorthi 30.S.Sekar ... Petitioners Vs.

1.The Labour Court, Coimbatore represented by its Presiding Officer, Coimbatore 641 018 2.The Management of Data Field India Pvt.Ltd., 3/8

119/1B, Mudalipalayam Road, Arasur Post, Coimbatore 641 407 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records relating to the common award dated 28.10.2004 passed by the first respondent Labour Court, Coimbatore in ID.Nos.649 to 677 of 1999 and quash the same as being illegal and unjust and direct the second respondent to reinstate the petitioners, with continuity of service, backwages and all other attendant benefits and insofar as the legal heirs are concerned, grant all attendant benefits due to them. For Petitioners : Mr.V.Govardhanan for M/s.Row and Reddy For Respondents : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

COMMON ORDER These writ petitions have been filed challenging the common award dated 28.10.2004 passed by the first respondent / Labour Court, Coimbatore in ID.Nos.649 to 677 of 1999, thereby ordered to pay compensation of Rs.20,000/- to each workman.

2.

Heard, the learned counsel appearing on either side. 4/8

3.

Respondents 2 to 32 in WP.No.13900 of 2005 and the petitioners in WP.No.15712 of 2009 are workmen (hereinafter called as 'workmen'). The petitioner in WP.No.13900 of 2005 and the second respondent in WP.No.15712 of 2009 is the management (hereinafter called as 'management'). The management is an export oriented unit and engaged in manufacturing Telephone Cables and Cord Sets. The workmen were employed as trainees. They were employed in regular manufacturing activities and as such, they were treated as workmen for all purposes. In fact, the management had paid contribution towards Employees State Insurance Corporation. They engaged 135 workmen. However, the management called them as trainees. They were paid consolidated salary.

Therefore, they raised Industrial Dispute with regards to wages and other service conditions through their Union. However, no amicable settlement was arrived and as such, they had given strike notice to the effect that 'go on strike from 19.08.1996'. 3.1 Thereafter, those involved in the strike were not allowed to work. They were given show cause notice on 10.09.

misconduct. They were also alleged that they had indulged in illegal strike, instigated others to go on strike and prevented other officers from attending work and used abusive language. They submitted their explanation and enquiry was ordered. However, they were not allowed to appear before the enquiry officer and the enquiry was conducted without their presence. Finally, they were dismissed from service. Hence, they raised Industrial Dispute before the Labour Court. The management had admitted that the workmen were called as trainees, but they were engaged in production work. However, the Labour Court held that the termination was valid, but ordered compensation of Rs.20,000/- to each workman.

4.

However, reinstatement into service does not arise and this Court is inclined to enhance the compensation amount from Rs.20,000/- to Rs.55,000/-. Accordingly, the common award dated 28.10.2004 passed by the first respondent / Labour Court, Coimbatore in ID.Nos.649 to 677 of 1999 is modified to the effect that the management shall pay a sum of Rs.55,000/- (Rupees Fifty Five Thousand only) to each workman within 6/8

a period of twelve weeks from the date of receipt of copy of this order. Accordingly, both the writ petitions are disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

22.09.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 7/8

G.K.ILANTHIRAIYAN, J.

lok To 1.The Presiding Officer, Labour Court, Coimbatore 2.The Management of Data Field India Pvt.Ltd., 119/1B, Mudalipalayam Road, Arasur Post, Coimbatore 641 407

3. The Government Advocate, High Court, Madras.

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