Petitioners sought writ enforcement of labour authority orders directing reinstatement. Court held proceedings were advisories to management, not court/implementable orders, and dismissed petition with liberty to approach Industrial Disputes tribunal.
Petition disposed with liberty to invoke remedies under the Industrial Disputes Act, 1947.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-12-2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
WRIT PETITION No.842 OF 2015
1.A.Francis 2.M.Hakkim 3.T.Sukumar
... Petitioners
-vs-
Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the first respondent to implement the Authority's Order in C1/1303/06, dated 30-09.2006; C1/20/06, dated 10.05.2006 and C1/20/06, dated 30.06.2006, respectively, passed in the petitioners' respective cases, by directing the second respondent to reinstate the petitioners into employment with continuity of service with all attendant and monetary benefits, by considering their representation, dated 09.11.2014.
For petitioner : Mr.L.S.M.Hasan Fizal
The petitioners seek for isuance of a writ of mandamus, to implement the impugned orders passed by the first respondent.
Dixit
Sd/-
Assistant Registrar (CS-V)
/True Copy/
Sub-Assistant Registrar
To
The Deputy Commissioner of Labour - Circle II,
DMS Compound, Teynampet,
Chennai-600 006.
+1 C.C. To MR.L.S.M. Hasan Fizal, Advocate in SR.NO.66870
+1 C.C. To Mr.T.S.Gopalan & Co, Advocate in SR.NO.66645
+1 C.C. To Government Pleader, High Court, Madras in SR.NO.66615
W.P.No.842 OF 2015
RSK(CO)
sd : 21/12/2015
1 issue framed by the court
Whether writ of mandamus can be issued to enforce advisory proceedings directed to management under the Industrial Disputes Act.
2 provisions across 2 enactments
1.A.Francis 2.M.Hakkim 3.T.Sukumar
The Deputy Commissioner of Labour -Circle II, DMS Compound, Teynampet, Chennai-600 006
The Alstom India Limited & Alstom T&D India Limited
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
