- (1.) WRIT petitions were filed by several employees of the appellant-company herein namely, TVS Suzuki Ltd., (now TVS Motor Company Ltd.), challenging certain orders of transfer. The issue whether the writ petitions were maintainable against the appellant was referred with other matters in which a similar issue was raised to a Special Bench of the Madras High Court. On 5th May, 2004, the Special Bench came to, the conclusion that the writ petitions were not maintainable. However, it was held that the respondent-employees would be entitled to seek a reference under Section 10 of the Industrial Disputes Act, 1947 within two weeks from the date of the receipt of the copy of the decision of the High Court. The High Court also directed that if any Industrial Disputes were raised, then the concerned fora, whether Labour Court or Industrial Tribunal, would dispose of the same within four months from the date of the receipt of the reference after affording opportunity to either party.
(2.) THE appellant before us has no grievance as far as this direction is concerned as it was the appellantï¿ 1/2s case throughout that the appellant was not a ï¿ 1/2Stateï¿ 1/2 within the meaning of Article 12 of the Constitution and the writ petition under Article 226 was not maintainable against it. During the pendency of the matter before the High Court, by reason of the fact that the respondent-employees did not join their transfer posts, their services were treated as at an end on the ground of abandonment of their services. In the other cases relating to other companies, the employers had issued letters of termination.
(3.) THE High Court, having held that the writ petition was not maintainable against the companies, went on to direct that ï¿ 1/2without prejudice to the contentions of the appellants/petitioners-employees, one week time from the date of receipt of a copy of this order is given to the employees to join at the transferred place in respect to such of those dismissed employees, for non-joining at the transferred places, the delay is condoned if they join as stipulated above and in that event, dismissal orders passed against them disappear automatically; and the respondents-managements shall sympathetically consider the payments of wages/salaries to the appellants/petitioners so as to maintain the industrial peace and harmonyï¿ 1/2.;