Business Daily from THE HINDU group of publications
Friday, Apr 06, 2007
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Business Daily from THE HINDU group of publications Friday, Apr 06, 2007 ePaper |
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Industry & Economy
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Courts/Legal Issues States - Tamil Nadu HC ruling in non-employment of workmen case Our Legal Correspondent
Chennai April 5 The High Court could not intervene in matters relating to non-employment of workmen when the Industrial Disputes Act had sanctioned right to labour to approach labour court to vindicate grievance, the Madras High Court has held. When legislature had simplified procedure for workmen to approach labour court on such issues, this Court could not abrogate that right, Mr Justice K. Chandru said while dismissing a petition by Salem-based Hatsun Agro Product Ltd for issuance of a writ of prohibition, prohibiting Labour Officer, Salem, from submitting `failure report' for of adjudication in respect of 47 workmen. The management contended that claims of workmen had been settled, and any dispute on their behalf could not be termed as a termination coming within meaning of Section 2A of Act. The Judge said that legislature in 1988 passed amended section by introducing sub-section 2A(2), whereby workmen could approach Labour Officer, and on failure report by him, could go to labour court with a claim statement with regard to their grievance regarding their termination. The petitioner company wanted to claim estoppel of claims as defence. Such a defence could be pleaded when dispute was taken by labour court. At this stage, the petitioner could not raise their defence before the labour officer, who had no power to take any evidence and come to any final conclusion, thereby preventing worker from approaching labour court. A writ in nature of prohibition would arise only when there was inherent lack of jurisdiction. That was not the case here. Such an issue would have to be raised before adjudicating court by making necessary pleading and further letting in evidence to prove the same. The writ petition was dismissed.
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