The High Court allowed the writ petition by efflux of time, quashing an order directing compliance regarding offenses under the Industrial Disputes Act. It directed the respondents to work out remedies before the appropriate forum if necessary.
The impugned order G.O.(D) No.319 dated 12.03.2003 is quashed. The writ petition is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2015
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.13233 of 2003
1.Shri Lakshmi Spinners Ltd., C/o.Lakshmi Mills Compound,
Lakshmipuram, Kovilpatti,
rep. by its Managing Director K.Selvaraj. 2.K.R.Appasamy Naidugaru, Ex-Chairman, Shri Lakshmi Spinners Ltd., No.10, Green Field Colony, Puliyankupam Road, Coimbatore-45. 3.K.Selvaraj, Managing Director, Shri Lakshmi Spinners Ltd., C/o.Lakshmi Mills Compound, Lakshmipuram Kovilpatti. 4.N.Vasanthra, Director, Shri Lakshmi Spinners Ltd., C/o.Lakshmi Mills Compound, Lakshmipuram Kovilpatti. 5.Arun Selvaraj, Executive Director, Shri Lakshmi Spinners Ltd., C/o.Lakshmi Mills Compound, Lakshmipuram Kovilpatti. ... Petitioner
Vs
rep. by its Deputy Secretary to Government, Labour & Employment (B1) Department, Fort St. George, Chennai-600 006.
2.Joint Commissioner of Labour, (Conciliation), Labour Welfare Board, DMS Compound, Teynampet, Chennai-600 006. 3.Deputy Commissioner of Labour, Kotturavu Maligai, Indira Nagar,
Anna Nagar, Madurai-625 020. 4.Labour Officer, Collectorate Office, Virudhunagar District. 5.Inspector of Labour, Kandapuram street, Virudhunagar, Virudhunagar District. Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the first respondent made in G.O.(D) No.319 Labour and Employment (B1) Department dated 12.03.2003 and quash the same.
For Petitioner :Mr.S.Silambanan
Senior Counsel
for
Mr.N.Umapathi
For Respondents : Mr.R.Lakshmi Narayanan
Addl. G.P. for R1 to R5
O R D E R
The petitioner is the Spinners Limited and the challenge in
this writ petition is to the order passed by the Government in
G.O.(D) No.319, Labour and Employment (B1) Department, dated
12.03.2003 by which, the Government in exercise of its power
under Section 34(1) of the Industrial Disputes Act, 1947
(hereinafter referred to the “said Act”) directed that a
compliant be given against the petitioner Management and the
members of the Management for the offence punishable under
Section 25 (Q) of the said Act.
-s/dAssistant Registrar
True Copy
Sub-Assistant Registrar
bbr
To
1.The Deputy Secretary to Government,
Labour & Employment (B1) Department,
Fort St. George,
Chennai-600 006.
2.The Joint Commissioner of Labour,
(Conciliation),
Labour Welfare Board,
DMS Compound,
Teynampet, Chennai-600 006.
3.The Deputy Commissioner of Labour,
Kotturavu Maligai, Indira Nagar,
Anna Nagar, Madurai-625 020.
4.The Labour Officer,
Collectorate Office,
Virudhunagar District.
5.The Inspector of Labour,
Kandapuram street,
Virudhunagar,
Virudhunagar District.
6.The Section, Officer,
VR Section,
High Court, Madras [31/05/2016]
+1 cc to the Government Pleader sr.65723
W.P.No.13233 of 2003
aa16/12/2015
3 issues framed by the court
Whether the writ petition challenging the government order under Section 34(1) of the Industrial Disputes Act should be allowed by efflux of time.
Whether the impugned order directing compliance for offences under Section 25(Q) should be quashed.
Whether respondents can initiate fresh proceedings after the High Court allows the writ petition.
2 provisions across 1 enactments
Shri Lakshmi Spinners Ltd.
Government of Tamilnadu
Joint Commissioner of Labour
Deputy Commissioner of Labour
Labour Officer
Inspector of Labour
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
