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Showing contexts for: carnatic in Thangavelu And 10 Ors. vs The Buckhingham And Carnatic Co. Ltd., ... on 10 October, 1950Matching Fragments
1. In exercise of the powers conferred on them by Section 10(1) of the Industrial Disputes Act, 1947, the Government of Madras referred the disputes between Messrs. the Buckingham and Carnatic Company, Limited (hereinafter referred to as the company) and their employees to the Second Industrial Tribunal, Madras, for adjudication. The disputes related to wages, dearness allowance, reinstatement and other conditions of service. The enquiry before the tribunal had practically come to a close by the middle of May 1950. On 4th July 1950 a petition was filed by the company under Section 33 of the Act seeking permission to discharge ten of their workmen on the ground that they were surplus to requirements and therefore had to be retrenched. The ten workmen were made respondents to this petition and notices were served on them to appear before the tribunal to make their representations in the matter. On 10th July 1950' the president of the Madras Labour Union appeared before the tribunal on behalf of the ten workmen and a counter-affidavit was filed raising various objections to the request of the company. A preliminary objection was taken on behalf of the company that it was unnecessary in law to give notice to the workmen and to embark on an elaborate enquiry after giving opportunity to both sides to adduce all evidence which they chose. This objection was heard in limine and the tribunal held that on a request of the employers for permission under Section 33 of the Act, it was not necessary to hear the workmen and that the tribunal should act upon the materials placed before it by the employers and either grant or decline the permission sought. In this view, the tribunal refused to take any evidence on behalf of the workmen. On the material placed before it by the company, the tribunal considered it proper to grant the company permission to retrench the ten workmen. It may be mentioned that these ten workmen were offered alternate jobs on reduced rates of wages which they could accept if they wished to. But this fact is really not material for the disposal of this application. The petition now before us is by these ten workmen to issue a writ of certiorari to quash the order made by the Second Industrial Tribunal giving permission to the company to discharge them.