- (1.) PER M. Jaichandren, J: - 1. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.
(2.) THIS writ petition has been filed to call for and quash the common award, dated 10.3.2011, passed by the first respondent Labour Court, insofar as it relates to the direction issued by the said Court to pay the closure compensation, bonus, leave wages and gratuity, with simple interest, at the rate of 12% per annum, from 25.6.1991 till the date of the payment of the amounts due to the employees, who were the petitioners in the Industrial Disputes, on the file of the first respondent Labour Court.
(3.) IT has been stated that a number of Industrial Disputes had been raised by the petitioners therein, before the first respondent Labour Court, stating that they had been retrenched from service by the petitioner company, by way of retrenchment proceedings, initiated pursuant to the orders, dated 17.6.1991, issued by the Management of the petitioner company and for directing the said Management to reinstate them in service, with continuity of service, along with the backwages and other attendant benefits due to them. It has been further stated that the employees in question, who were the petitioners before the first respondent Labour Court, had joined the petitioner company and they had been working for a number of years. The Management of the petitioner company had failed to implement the labour welfare measures, properly. Therefore, the employees had joined together and formed a union in the name of the employees ' Union. Since, the management of the petitioner company did not like the formation of the union by its employees, vindictive action had been taken by the Management of the petitioner Company against the members of the said union. After declaring an illegal lock out, the Management of the petitioner company had applied for closure of the undertaking. The Commissioner of Labour, Government of Tamil Nadu, had passed an order, dated 11.6.1990, rejecting the request of the Management of the petitioner company. Thereafter, the Management of the petitioner company had filed a review petition, dated 22.6.1990, pursuant to which an order had been passed, in G.O.(ID) No.644, Labour and Employment Department, dated 17.6.1991, permitting the management of the petitioner company to close down the factory. On 25.6.1991, the respondent had issued letters communicating the said message to the employees, along with the closure compensation. However, the employees had returned the cheques to the Management of the petitioner company stating that their retrenchment from service was illegal in nature.;