Online edition of India's National Newspaper
Sunday, Jul 29, 2007
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Online edition of India's National Newspaper Sunday, Jul 29, 2007 ePaper |
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Tamil Nadu
Staff Reporter
MADURAI: An industrial worker ousted from service can directly approach the labour court without the support of a trade union or a reference made by the State Government, the Madurai Bench of the Madras High Court has ruled. Justice K. Chandru passed the ruling while dismissing 90 writ petitions filed by the management of Tractors and Farm Equipment (TAFE) Limited. The management sought to restrain the labour court in Tiruchi from adjudicating the applications filed by 90 persons who claimed to be the employees of the company’s plant at Kallapatti near here. Relying upon an amendment made by the Tamil Nadu State Legislature to Section 2A of the Industrial Disputes Act, the Judge said that a worker could move a labour court as a matter of right. In turn, it was incumbent upon the management to defend their case before the lower court. “If any attempt is made to stall a properly laid claim before the labour court, it will result in unjust encroachment at the powers of the labour court which... has been given plenary powers in dealing with the dispute of non-employment,” he said. Mr. Justice Chandru rejected the contention made by TAFE that the labour court proceedings were not valid because the applicants were engaged through a contractor and not directly employed by the company. He said that the dispute over employer-employee status could be resolved only through appreciation of evidence by the labour court. “Unless a strong case is made out, the (High) Court need not take up the task of entertaining writ petitions based on affidavit jurisdiction…No prejudice will be caused to the mighty management in facing the trial,” the Judge observed and directed the labour court to resolve the issue within six months. He pointed out that the 90 applicants claimed that they worked as temporary staff for six years and even provident fund subscription was deducted from their salaries. It was only when the applicants sought to regularise their services, the management retrenched all of them and attempted to create records to make it appear that they were contract labourers.
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