WORKMEN OF ENGLISH ELECTRIC COMPANY OF INDIA LIMITED MADRAS Vs. PRESIDING OFFICER
LAWS(SC)-1990-1-5
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on January 11,1990

Workmen Of English Electric Company Of India Limited Madras Appellant
VERSUS
PRESIDING OFFICER Respondents




JUDGEMENT

- (1.)These are two appeals by special leave at the instance of the Union representing the workmen and challenge is to the reversing decision of the division bench of the High court in two writ appeals one filed by the employer-company and the other by the workmen through their Union.
(2.)The State government of Tamil Nadu by order dated 11/05/1981 made a reference under S. 10 (1) (d) of the Industrial Disputes Act, 1947 (hereafter 'act for short) to the Industrial tribunal of the following dispute: "whether the non-employment of the following workers is justified; if not, to what relief are they entitled To compute the relief, if any awarded in terms of money, if it could be so computed. " A list of 186 workmen was appended to the reference. The Union itself had come into existence on 1/10/1980. It had written to the Company on 14/10/1980 that despite several years of service rendered by casual employees they were not being confirmed and were deprived of benefit and facilities applicable to permanent workmen.
(3.)Before the tribunal the employer and the workmen filed their respective statements. On 25/11/1981, on behalf of the workmen an amendment was sought which the tribunal allowed. The company challenged the amendment by filing a writ petition before the High court but the High court was of the view that the propriety of the amendment could be assailed, if necessary, while challenging the award itself passed in due course. The tribunal held that 181 casual employees should be re-employed with full back wages and 50 other casual employees should also be re-employed but without back wages. This direction was given on the ground that the requirement of S. 25-F of the Act had not been satisfied before termination which amounted to retrenchment.
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