Labour law can't be rendered illusory, says HC, directs Aavin to pay costs of 20K

Chennai: Coming to the aid of 1,100 workmen of Aavin, who were contesting multiple legal battles against their termination for over 45 years, Madras high court has asserted that Aavin cannot be allowed to render the protective framework of labour legislation illusory. Justice A D Maria Clete dismissed the appeals moved by Tamil Nadu Co-operative Milk Producers Federation Limited against the orders passed by the labour court to reinstate the workmen and imposed 20,000 as costs in each of the appeals to be paid to the workers.

"In the end, regardless of the political regime in power, no real solace was extended to the working class. They remained victims of a system where a powerful employer could dismiss them without due process," the judge said. All the 1,100 workers were terminated from service for participating in a one-day strike on Nov 19, 1980, without conducting any inquiry.

The workers, through the employees' union, raised an industrial dispute before the state labour department. After two years, the govt refused to refer the dispute for adjudication under the Industrial Disputes (ID) Act. Aggrieved, the union moved the high court, which ruled in favour of the workmen in 1983.

Claiming to be aggrieved by the order, both Aavin and the labour department moved appeals, which were dismissed by the high court.

After five years, the govt issued two orders of reference. After a ‘protracted trial' spanning 13 years, the industrial tribunal on Feb 17, 1997, held that the workmen, having been dismissed without the conduct of any inquiry, were entitled to reinstatement. However, the tribunal limited the award of back wages to 25%.

Aavin moved an appeal challenging the award, which was also dismissed by the high court in 2015. In the meantime, the workmen moved the labour court for computation of their back wages. Now, challenging the order passed by the labour court, Aavin has moved the high court. Dismissing the five petitions of Aavin, the court said, "This court now draws the curtain on a protracted legal battle that has spanned an extraordinary 45 years—a duration far too long for any ordinary workman to endure while seeking justice against a powerful employer."

The court then directed Aavin to pay costs of 20,000 in each of the writ petitions to the respective contesting workmen.