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Judgment
P. Jyothimani, J.—Heard the arguments advanced by the learned Counsel for the Petitioner as well as the learned Senior Counsel for the
third Respondent-Union.
Both the parties have agreed for a solution for the present, by leaving the remaining disputes to be decided by the Labour Officer, before whom
the conciliation efforts are pending. On behalf of the third Respondent, an undertaking has been given that the members of the third Respondent-
Union, who are employed in the Petitioner-Company shall discharge their duties assigned to them and co-operate fully with the Management
without any disturbance and maintain harmony in the Factory and in production. In as much as they have all been willing to work in the
Management, they agree not to resort to strike or slow down or indulge in any other activities of preventing the workmen from entering the factory
and free ingress and egress of the vehicles from the factory. It is also agreed between the parties that the appointment orders given to the parties by
the Petitioner dated 01-10-2010 are accepted subject to the decision in the conciliation proceedings, which is pending adjudication, in respect of
clause No. 4 in the order of appointment. Clause No. 4 reads thus:
The appointment can be terminated by either party giving to the other one month''s notice in writing or in the case of Company by the payment of
one month''s salary in lieu of notice.
The Management undertakes to pay the salary to the workmen belonging to the third Respondent for the period upto 25th of December 2010.
It is needless to state that in respect of the remaining disputes it is for the Assistant Commissioner of Labour(Conciliation)II, Chennai to decide.
It is made clear that the members of the third Respondent-Union will be permitted by the Petitioner-Management to work from 05-02-2011 on
acceptance of the appointment order.
The writ petition is disposed of accordingly. No costs. The connected miscellaneous petition is closed.