w w w . L a w y e r S e r v i c e s . i n



The Management Scotts Garments Limited, Trippur v/s The Presiding Officer, Labour Court, Coimbatore & Another


Company & Directors' Information:- SCOTTS INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062610

Company & Directors' Information:- SCOTTS GARMENTS LIMITED [Active] CIN = U18101KA2002PLC030185

Company & Directors' Information:- K C GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC139844

Company & Directors' Information:- D R GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18101GJ2005PTC046010

Company & Directors' Information:- R. R. GARMENTS LIMITED [Active] CIN = U51900MH1995PLC095544

Company & Directors' Information:- M. B. GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18202WB2011PTC157173

Company & Directors' Information:- S G GARMENTS LIMITED [Active] CIN = U18101WB2004PLC098193

Company & Directors' Information:- K K P GARMENTS PRIVATE LIMITED [Active] CIN = U65921TZ1994PTC005334

Company & Directors' Information:- B K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC109850

Company & Directors' Information:- N K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC107093

Company & Directors' Information:- K. D. GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2005PTC101896

Company & Directors' Information:- G AND A GARMENTS PVT LTD [Strike Off] CIN = U18101PB1995PTC016121

Company & Directors' Information:- V H GARMENTS PRIVATE LIMITED [Active] CIN = U52322MH2008PTC181066

Company & Directors' Information:- M S GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC046660

Company & Directors' Information:- C & Y GARMENTS PRIVATE LIMITED [Active] CIN = U25209TN1988PTC016306

Company & Directors' Information:- S. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1996PTC083315

Company & Directors' Information:- R K GARMENTS PRIVATE LIMITED [Active] CIN = U18100GJ1994PTC023240

Company & Directors' Information:- H S V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC141103

Company & Directors' Information:- C B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109WB2011PTC161559

Company & Directors' Information:- G. M. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2006PTC152683

Company & Directors' Information:- D AND D GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007923

Company & Directors' Information:- SCOTTS PRIVATE LIMITED [Active] CIN = U51909WB1934PTC007994

Company & Directors' Information:- J S GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U74900WB2009PTC135262

Company & Directors' Information:- K. B . GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2011PTC166954

Company & Directors' Information:- A K GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2015PTC282847

Company & Directors' Information:- D P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129479

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC143084

Company & Directors' Information:- P AND P GARMENTS PVT LTD [Under Process of Striking Off] CIN = U18101DL2005PTC143556

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101HR2005PTC068124

Company & Directors' Information:- L. H. GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17121KA2011PTC060761

Company & Directors' Information:- K M S GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101KL2002PTC015310

Company & Directors' Information:- K R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1998PTC087046

Company & Directors' Information:- T & A GARMENTS PVT LTD [Strike Off] CIN = U52321TN1993PTC025318

Company & Directors' Information:- P. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18204DL2007PTC164238

Company & Directors' Information:- S. A. GARMENTS PRIVATE LIMITED [Active] CIN = U17121DL2007PTC165007

Company & Directors' Information:- T S GARMENTS PRIVATE LIMITED [Active] CIN = U51494DL1996PTC076668

Company & Directors' Information:- GARMENTS INDIA PVT LTD [Strike Off] CIN = U51909GJ1979PTC003310

Company & Directors' Information:- I G S GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC128723

Company & Directors' Information:- P V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101TZ2007PTC013976

Company & Directors' Information:- M. P. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164129

Company & Directors' Information:- K. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC164404

Company & Directors' Information:- J K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120039

Company & Directors' Information:- B G GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142488

Company & Directors' Information:- V B GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1997PTC088244

Company & Directors' Information:- S S R GARMENTS PRIVATE LIMITED [Active] CIN = U74999DL1997PTC088511

Company & Directors' Information:- S P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2003PTC120709

Company & Directors' Information:- P N GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC127524

Company & Directors' Information:- J B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101PB1996PTC017533

Company & Directors' Information:- A. D. S. GARMENTS PRIVATE LIMITED [Active] CIN = U52609DL2017PTC321217

Company & Directors' Information:- H. K. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2007PTC159196

Company & Directors' Information:- V P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109DL2012PTC233293

Company & Directors' Information:- S T GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2015PTC277043

Company & Directors' Information:- P L GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2013PTC248417

Company & Directors' Information:- M. K. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164395

Company & Directors' Information:- U R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2002PTC114011

Company & Directors' Information:- N J GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2002PTC117748

Company & Directors' Information:- R A GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2003PTC123385

Company & Directors' Information:- P C GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129478

Company & Directors' Information:- N V GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC133534

Company & Directors' Information:- C S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC134787

Company & Directors' Information:- L S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136180

Company & Directors' Information:- B L GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136912

Company & Directors' Information:- B D S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC137898

Company & Directors' Information:- T G GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC143392

Company & Directors' Information:- B K C GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2006PTC144478

Company & Directors' Information:- R B P GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC148881

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC149330

Company & Directors' Information:- G P GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC161067

Company & Directors' Information:- I B GARMENTS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257044

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U74110DL2006PTC149330

Company & Directors' Information:- I. K. GARMENTS PRIVATE LIMITED [Active] CIN = U51109DL2008PTC180451

Company & Directors' Information:- A G GARMENTS PRIVATE LIMITED [Active] CIN = U51300DL2013PTC257609

Company & Directors' Information:- Y B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC129581

Company & Directors' Information:- V R V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2008PTC182256

Company & Directors' Information:- Y N GARMENTS PRIVATE LIMITED [Active] CIN = U81010DL2003PTC123182

Company & Directors' Information:- M V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U74899HR2005PTC141797

Company & Directors' Information:- A AND R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17120HR2013PTC049037

Company & Directors' Information:- F T GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109KL2015PTC037773

Company & Directors' Information:- G AND G GARMENTS PRIVATE LIMITED [Active] CIN = U17299MH2020PTC350276

Company & Directors' Information:- V K GARMENTS PRIVATE LTD [Strike Off] CIN = U18101DL1981PTC012410

Company & Directors' Information:- P M P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC134811

Company & Directors' Information:- A S GARMENTS PRIVATE LIMITED [Active] CIN = U17212CH1992PTC012350

Company & Directors' Information:- V R GARMENTS PVT LTD [Strike Off] CIN = U18101CH1991PTC011345

Company & Directors' Information:- K M P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109DL2007PTC162181

Company & Directors' Information:- S B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2005PTC141954

    W.P. Nos. 29857 to 29866 of 2013 & MP. Nos. 1, 1, 1, 1 , 1, 1, 1, 1, 1, & 1 of 2013

    Decided On, 22 November 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Petitioner: Silambanan, Senior Counsel. For the Respondent: R1, Labour Court.



Judgment Text


(Prayer: W.P.Nos.29857 of 2013: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari or any other appropriate writ, order or directions, calling for the award of the first respondent made in ID.No.117 of 2012 dated 30.01.2013 and quash the same.)

Common Order

1. The awards dated 30.01.2013 passed in I.D.Nos.117, 116, 115, 114, 113, 112, 109, 111, 110 and 108 of 2012 are under challenge in the present Writ Petitions.

W.P.Nos.29857 of 2013

2. The Writ Petitioner is the management of Scotts Garments Limited. The petitioner company is manufacturing banians and exporting the said garments. The petitioner states that the management announced bonus for the year 2011 at the rate of 10 % for the workers who have worked for more than one year and at the rate of 8.33% for the workers who have worked less than one year. All the 4000 workers except 123 workers who are affiliated to the LPF union accepted the proposal of the management and received the bonus. However 123 workers alone of the LPF Union refused to accept the proposal and not received the bonus. Thereafter the workers committed major misconduct and in view of the same they were discharged from service from 1.11.2011 to 24.12.2011 (in particular 1.11.2011, 11.11.2011, 23.11.2011, 24.12.2011) as per the Standing Orders of management by paying them one month salary in lieu of notice. The workers including the second respondent worker received the said one month salary without any objection. Since abnormal situation was prevailing the workers including the second respondent worker were discharged without conducting enquiry as per Standing Orders.

3. The learned counsel for the writ petitioner management reiterated as on the date of discharge of these workers from service no dispute was pending. Therefore obtaining approval under Section 32(2) (b) of the Industrial Disputes Act does not arise at all. The writ petitioner complied with the provision of the Industrial Disputes Act by paying one month salary in lieu of notice. Thus the management had not committed any irregularity and approval under Section 32(2) (b) is not required. As on date of discharge of these workers no dispute was pending.

4. The said ground is established by stating that even in paragraph 13 of the award the Labour Court itself made a finding that “At the time of issuing the order of discharge, an Industrial Dispute in Na.Ka.No.256/2012 was pending before the Labour Officer, Trippur. But the Respondent/Management has not filed any application under Section 33(2) (b) of the Industrial Disputes Act for approval of the action taken by them. Therefore the order of discharge issued by the respondent is invalid and inoperative under law”

5. The Labour Court in paragraph 9 of the Award made a finding that the discharge order has been marked as Ex.W.2. “In Ex.W.2 it is stated that considering the gravity of misconduct committed the petitioner is discharged with effect from 23.12.2011.”

6. When the Labour Court in its Award categorically recorded the fact that the worker was discharged from service from effect from 23.12.2011 itself and in respect of other workers also during the year 2011. However, the dispute regarding the bonus was raised in Na.Ka.No.256 of 2012 only on 24.02.2012, after the discharge of these employees and respondent worker. Therefore, the learned Senior Counsel is able to establish that the dispute regarding the bonus was raised in the year 2012 and the respondent along with other workers were discharged from service in the year 2011 itself as stated above on various dates.

7. This being the factum as on date of discharge there was no dispute pending and thus the approval under Section 33(2)(b) of the Act is not mandatory. This being the factum, the Labour Court ought to have proceeded with the industrial dispute by taking evidences and conducting trial with reference to the grounds and issues raised. In the event of non approval, the Labour Court itself can proceed with the enquiry by examining the evidences and this being the procedure to be followed, this Court is of the opinion that the present Writ Petitions are to be allowed, for remanding the matters back for conducting the enquiry with reference to the orders of discharge issued by the management against the workers. Accordingly the impugned awards dated 30.01.2013 passed in I.D.Nos.117, 116, 115, 114, 113, 1

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12, 109, 111, 110 and 108 of 2012 are quashed and the first respondent Labour Court is directed to restore the industrial disputes to file and adjudicate the matters by proceeding with the enquiries based on the evidences and documents by affording an opportunity to all the parties concerned and dispose of the industrial disputes as expeditiously as possible. 8. With these directions, the Writ Petitions stand allowed. No costs. Consequently connected Miscellaneous petitions are closed.
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