GENERAL SECRETARY, MADRAS REFINERIES WORKERS UNION Vs. MADRAS REFINERIES LIMITED INDCO SERVE SOCIETY LIMITED

JUDGEMENT

(1.) Writ Appeals have been preferred by the General Secretary, Madras Refineries Workers Union being aggrieved against the common order dtd. 26/4/2012 made in W.P.Nos.4368 of 2009, 26724 of 2010 and 6371 of 2011, wherein the learned Single Judge has set aside the award made in I.D.No.128/2001 dtd. 30/3/2010 passed by the Central Government Industrial Tribunal-cum-Labour Court, Chennai.

(2.) The issue involved in the appeals is as to whether the Members of the appellant Union have to be absorbed as permanent workers. The case of the appellant in W.A.No.1071/2012 is that the first respondent had entered into a Contract Labour Agreement with the third respondent Society. The said third respondent Society is the creation of the first respondent, with an object to deprive the rights of the workers for better service benefits. The appellant by their letter dtd. 30/6/1998 had issued a strike notice over a charter of demands, including their demand for regularization of the third respondent employees in the first respondent company. The same was referred for conciliation which failed and hence, the industrial dispute was referred to the Industrial Tribunal for adjudication by the Central Government, Ministry of Labour vide Order dtd. 28/5/1999. The reference for adjudication is as follows:

(3.) The Tribunal after consideration of various documents and evidences on both sides, by its Award dtd. 30/8/2010 had held that the members of the petitioner Union are entitled to be absorbed into the service of the first respondent with retrospective effect from the date of their initial entry into service of the Society/third respondent with all resultant back-wages and attendant benefits. The said Award was challenged by the first respondent and by Order dtd. 26/4/2012, the said Award was set aside by the learned Judge, which is being assailed by the appellant in the present appeals.