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Our Legal Correspondent

Chennai, Feb. 10 The Madras High Court has referred to the Industrial Tribunal issues pertaining to the indefinite lock-out declared by the management of the Chennai-based tyre giant MRF Ltd in December, 2007 following work stoppages by a section of the workers, and the Tamil Nadu Government’s order dated December 20, 2007 under Section 10(13) of the Industrial Disputes Act, prohibiting continuation of the lock-out.

Ms Justice B. Bhanumathi, who heard the writ petition of the company challenging the Government’s order, in her 50-page order, directed the Industrial Tribunal to take up the industrial dispute, determine the same and pass orders as expeditiously as possible, preferably within six months.

The order further said that till the dispute was determined, the prosecution notice on the lock-out issued to the management shall not be proceeded with. Any further proceedings against the management shall be subject to the order of the Tribunal, the judge ruled.

Following the declaration of the indefinite lock-out by the management, the State Government issued the order saying that it had been done ‘to prevent deprivation of livelihood to nearly 1,500 workmen and avoid law and order problems’.

The lock-out and the Government’s order were a sequel to the workers going on strike on a dispute pertaining to a new machine acquired by the management; the management also introduced a new draft industrial engineering norms to the workers’ union, which was also opposed. After the failure of the Government’s conciliation measures, the Government came out with the GO prohibiting continuance of the lock-out.

The union said that, among other things, their demand for giving a cash award of Rs 2,500 to each worker along with bonus had not been conceded by the management. The management contended that the award was paid only when the productivity norms were met, and when that was affected, the workers could not claim it.

The court, in its order, further ruled that payment of wages to workers for the pre-reference period (3-12-2007 to 19-12-2007) and post-reference period (20-12-07 to 4-2-2008) shall be subject to the decision of the Tribunal. According to the interim orders of the court, each workman was paid interim wages of Rs 6,100, and this shall also be subject to the decision of the Tribunal. The management shall not proceed to recover the interim wages till the disposal of the issues by the Tribunal.

The Tribunal, the judge said, shall determine the matter independently applying its mind without being influenced by the views expressed by the court in this order.

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

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