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Our Legal Correspondent

Chennai, Aug. 5 Once a Labour Court had held that a workman was on permanent rolls, it was not open to management to alter his status, the Madras High Court has ruled.

The Labour Court, Tirunelveli, which heard the case of a dismissed worker of India Pistons Ltd., Maraimalai Nagar, had said that the workman concerned having become permanent, and there being no standing orders of the company, it was incumbent upon the management to have conducted an enquiry. Therefore, the impugned award dated 30-3-1998 of the Labour Court did not suffer from any infirmity or illegality, the High Court ruled.

The workman (M. Amalraj) was employed as an operator from 20-11-1986. As some of the workmen observed ‘go-slow’ w.e.f. 24-7-1989, the management denied them employment. During the struggle period, the management extended the training period of the workmen by a year, and invited them to rejoin duty. The workmen did not join duty. The management said in respect of some of the workmen that a domestic enquiry would be conducted. As against their dismissal, workmen raised an industrial dispute before the Labour Court.

The Labour Court passed an award directing the management to reinstate the petitioner with continuity of service, full back wages and all other attendant benefits.

The management challenged the award contending that the Labour Court’s findings were not proper. Despite being given opportunities, workmen had not joined duty. Their acceptance that they had gone on ‘go-slow’ was an admission of a serious misconduct and it should be treated as abandonment of service.

The Labour Court rejected the contentions of the management. Holding that the impugned order of Labour Court did not suffer from any infirmity or illegality, Mr Justice K. Chandru directed the management to comply with the said award.

More Stories on : Courts/Legal Issues | Trade & Labour Unions | Tamil Nadu

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