Allowed

Prime Tex Unit-B v. State of Tamil Nadu

Madras HC5 Apr 2017WMP/5161/2017

Case brief

AI extract

What is this about?

A batch of writ petitions by Tirupur-based garment manufacturers sought interim injunctions against the implementation of Government Orders reclassifying factories from Hosiery Manufactory to Tailoring Industry. The Court ordered these orders to be made absolute.

What did the court decide?

The interim injunction restraining the respondents from implementing G.O. 59 dated 10.10.2014 was made absolute.

Prime Tex Unit-B Vs State of Tamil Nadu — Labour and Industrial Disputes | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Special Original Jurisdiction )

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Wednesday, the Fifth day of April Two Thousand Seventeen

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PRESENT

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THE HON`BLE MR JUSTICE M.M.SUNDRESH

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WMP NoS.5161 to 5164 of 2017

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IN WP.4930 to 4933/2017

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WMP No.3929 of 2017 IN WP.3867/2017

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WMP.NOS.4418 & 4419 of 2017

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IN WP NOS.4260 & 4261/2017

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WMP.NO.4398 & 4399/2017

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IN WP.4246 & 4247/2017

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WMP.NO.2970/2017 IN WP NO.2723/2017

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WMP.NOS.782 & 783/2017

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IN WP NOS.745 &746/2017

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PRIME TEX UNIT-B [PETITIONER IN WMP No.5161/17 REP BY MANAGER- HR-MR.S.KATHIRVEL, IN WP.4930/17] PLOT NO.11/22-6A, ANNA NAGAR, 15-VELAMPALAYAM, TIRUPUR- 641 652 GANGO GARMENTS, [PETITIONER IN WMP No.5162/17 REB.BY.ITS PARTNER-MR.P.RAMESH IN WP.4931/17] NO.10/42, SRIVIDHYA NAGAR, 3RD STREET, TIRUPUR, TAMILNADU-641 603.

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SRG APPARELS PVT LTD., [PETITIONER IN WMP No.5163/17 REB BY ITS MANAGER-HR-MR.S.KATHIRVEL, IN WP.4932/17] PLOT NO.11, SRG APPARELS PVT.LTD., NETHAJI APPARELS PARK, EETTIVEERAMPALAYAM VILLAGE, NEW TIRUPUR, TIRUPUR-641 666.

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ENNEM CLOTHINGS, A UNIT [PETITIONER IN WMP No.5164/17 OF SULOCHANA COTTON SPINNING MILLS IN WP.4933/17] PVT LTD., REB BY ITS DIRECTORMR.S.KRISHNAKUMAR, NO.424,426, KAMARAJ ROAD, TIRUPUR, TIRUPUR-641 604.

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SRG APPARELS PVT LTD, [PETITIONER IN WMP No.3929/17 REB BY ITS MANAGER MR.S.KATHIRVEL, IN WP.3867/17] NO.04, SRG APPARELS PVT LTD., NETHAJI APPAREL PARK EETTIVEERAMPALAYAM VILLAGE, NEW TIRUPUR-641 666.

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QUALITY KNIT WEARS PRIVATE [PETITIONER IN WMP No.4418/17 LIMITED, REB.BY.ITS JOINT IN WP.4260/17] MANAGING DIRECTOR-MR.K.R.SRIDHAR, NO.63, SIVAGANGAI ROAD, MADURAI EAST, BLOCK VILATHUR, MADURAI EAST, BLOCK VILATHUR, MADURAI NORTH TALUK, MADURAI, TAMILNADU-625 020.

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INTALIA KNIT WEAR PRIVATE [PETITIONER IN WMP No.4419/17 LIMITED, REB BY ITS DIRECTOR IN WP.4261/17] MR.J.B.KUMARAN, NO.11, NARASHMIAHAPURM 3RD STREET, 2ND FLOOR, KAMARAJAR SALAI, MADURAI, TAMIL NADU-625 009.

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GAIETY FASHION [PETITIONER IN WMP No.4398/17 REB BY ITS PARTNER-MR.VENKATA IN WP.4266/17] SUBRAMANIAN, S.F.NO.268, NETHAJI NAGAR, UTHUKULI MAIN ROAD, KARUMARAMPALAYAM, TIRUPUR-641 607.

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KAY VEE FASHION [PETITIONER IN WMP No.4399/17 REB BY ITS PARTNER-MR.S.N.BOOPATHY IN WP.4247/17] NO.331 A-S, PERIYAPALAYAM, KASHIPALAYAM ROAD, KOLIPALAYAM 4 ROAD, TIRUPUR-641 607.

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M/S.CYLWIN KNIT FASHIONS, [PETITIONER IN WMP No.2670/17 REB BY ITS ACCOUNT MANAGER IN WP.2723/17] MR.S.MURUGAN, S.F.NO.502/B-1, NADUPANGU PARADISE, DHARAPURAM ROAD, TIRUPUR-641 608. M/S.SRG APPARELS PVT LTD., [PETITIONER IN WMP No.782/17 REB BY ITS MANAGER-HRIN WP.745/17] MR.KATHIRVEL, NO.5-5A, KADHER LAYOUT, ANGERIPALAYAM ROAD, TIRUPUR-641 603.

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M/S.SS KIDSCARE [PETITIONER IN WMP No.783/17 REB BY ITS MANAGER-HRIN WP.746/17] MR.KATHIRVEL,SHED NO.05 NETAJI APPAREL PARK, EETTIVEERAMPALAYAM VILLAGE, NEW TIRUPUR, TIRUPUR-641 666.

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1 STATE OF TAMIL NADU [RESPONDENTS IN ALL THE PETITIONS] REP BY ITS SECRETARY, LABOUR AND EMPLOYMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI-600 009

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2 THE JOINT DIRECTOR OF INDUSTRIAL SAFETY AND HEALTH-II, TIRUPUR DISTRICT, TIRUPUR

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to

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i) To grant interim injunction, restraining the Respondents and their men, agents from implementing the G.O.(2D) No.59, Labour and Employment (J1) Department dated 10.10.2014 and published in Part II-Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014 in so far as the petitioner having various factories in different location across Tirupur here are concerned, who are differently placed as Hosiery Manufactory (G.O.(2D) No.5, Labour and Employment (J1) Department dated 27.01.2016) and not as Tailoring Industry in (WMP No.5161/17 in IN WP.4930/17),

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ii) To grant interim injunction, restraining the Respondents and their men, agents from implementing the G.O.(2D) No.59, Labour and Employment (J1) Department dated 10.10.2014 and published in Part II-Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014 in so far as the petitioner having various factories in different location across Tirupur here are concerned, who are differently placed as Hosiery Manufactory (G.O.(2D) No.5, Labour and Employment (J1) Department dated 27.01.2016) and not as Tailoring Industry in (WMP No.5162/17 in IN WP.4931/17),

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iii) To grant interim injunction, restraining the Respondents and their men, agents from implementing the G.O.(2D) No.59, Labour and Employment (J1) Department dated 10.10.2014 and published in Part II-Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014 in so far as the petitioner having various factories in different location across Tirupur here are concerned, who are differently placed as Hosiery Manufactory (G.O.(2D) No.5, Labour and Employment (J1) Department dated 27.01.2016) and not as Tailoring Industry (WMP No.5163/17 in IN WP.4932/17),

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iv) To grant interim injunction, restraining the Respondents and their men, agents from implementing the G.O.(2D) No.59, Labour and Employment (J1) Department dated 10.10.2014 and published in Part II-Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014 in so far as the petitioner having various factories in different location across Tirupur here are concerned, who are differently placed as Hosiery Manufactory (G.O.(2D) No.5, Labour and Employment (J1) Department dated 27.01.2016) and not as Tailoring Industry in (WMP No.5164/17 in IN WP.4933/17),

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v) To grant Interim Injunction, restraining the Respondents and their men, agents from implementing the G.O.(2D) No.59, Labour and Employment(J1) Department dated 10.10.2014 and published in Part-II section 2 of the Tamil Nadu Government Gazette dated 03.12.2014, in so far as the petitioner having various factories in different location across Tirupur here we concerned, who are differently placed as Hosiery manufactory and not as Tailoring Industry in (WMP No.3929/17 in IN WP.3867/17),

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vi) To grant interim injunction, restraining the Respondents and their men, agents from implementing the G.O. (2D) No.59, Labour and Employment (J1) Department dated 10.10.2014 and published in Part II-Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014, in so far as the Petitioner having various factories in different placed as Hosiery Manufactory (G.O.(2D), No.5 Labour and Employment (J1) Department dated 27.01.2016) and not as Tailoring Industry in (WMP No.4418/17 in IN WP.4260/17),

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vii) To grant interim injunction, restraining the G.O. (2D) No.59, Labour and Employment (J1) Department dated 10.10.2014 and published in Part II-Section 2 of the Tamil Nadu government Gazette dated 03.12.2014, in so far as the petitioner having various factories in different location across tirupur here are concerned, who are differently placed as Hosiery Manufactory (G.O.(2D), No.5 Labour and Employment (J1) Department dated 27.01.2016) and not as Tailoring industry in (WMP No.4419/17 in IN WP.4261/17),

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viii) To grant Interim Injunction. restraining the Respondents and their men, agents form implementing the G.O.(2D) No.59, Labour and Employment(J1) Department dated 10.10.2014 and published in Part II- Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014 in so far as petitioner having various factories in different location across Tirupur here are concerned, who are differently placed as Hosiery Manufactory ( G.O.(2D), No.5, Labour and Employment(JI) Department dated 27.01.2016 and not as Tailoring Industry in (WMP No.4398/17 in IN WP.4246/17),

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ix) To grant Interim Injunction. restraining the Respondents and their men, agents form implementing the G.O.(2D) No.59, Labour and Employment(J1) Department dated 10.10.2014 and published in Part II- Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014 in so far as petitioner having various factories in different location across Tirupur here are concerned, who are differently placed as Hosiery Manufactory ( G.O.(2D), No.5, Labour and Employment(JI) Department dated 27.01.2016 and not as Tailoring Industry in (WMP No.4399/17 in IN WP.4247/17),

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x) To grant interim injunction, restraining the respondents and their men, agents from implementing the G.O. (2D) No.59. Labour and Employment (J1) Department dated 10.10.2014 and published in Part II Section 2 of the Tamil Nadu Government Gazette dated 03.12.2014 in so far as the petitioner is concerned, who are differently placed as Hosiery Manufactory and not as Tailoring Industry in (WMP No.2670/17 in IN WP.2723/17),

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xi) T o grant interim injunction, restraining the respondents and their men, agents from implementing the G.O. (2D) NO. 59, Labour and Employment (J1) Department dt 10.10.2014 and published in Part II Section 2 of the Tamil Nadu Government Gazette dt 3.12.2014, in so far as the petitioner is concerned, who are differently placed as Hosiery Manufactory and not as Tailoring Industry in (WMP No.782/17 in IN WP.845/17) and;

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xii) To grant interim injunction, restraining the respondents and their men, agents from implementing the G.O. (2D) NO. 59, Labour and Employment (J1) Department dt 10.10.2014 and published in Part II Section 2 of the Tamil Nadu Government Gazette dt 3.12.2014, in so far as the petitioner is concerned, who are differently placed as Hosiery Manufactory and not as Tailoring Industry in (WMP No.783/17 in IN WP.846/17) respectively.

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Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.S.EZHIL RAJ, Advocate for the petitioner in all the petitions the court made the following order:-

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Despite several opportunities, no counter affidavits filed by the Respondents. Hence, interim order granted on 28.02.2017 is made absolute.

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Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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1 THE SECRETARY,

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STATE OF TAMIL NADU LABOUR AND EMPLOYMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI-09

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2 THE JOINT DIRECTOR OF INDUSTRIAL SAFETY AND HEALTH-II, TIRUPUR DISTRICT, TIRUPUR

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C.C. to M/S.S.EZHIL RAJ Advocate on payment of necessary charges

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The Government Advocate, High Court, Madras - 104.

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Order

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in WMP NoS.5161 to 5164 of 2017 IN WP.4930 to 4933/2017 WMP No.3929 of 2017 IN WP.3867/2017 WMP.NOS.4418 & 4419 of 2017 IN WP NOS.4260 & 4261/2017 WMP.NO.4398 & 4399/2017 IN WP.4246 & 4247/2017 WMP.NO.2970/2017 IN WP NO.2723/2017

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WMP.NOS.782 & 783/2017 IN WP NOS.745 &746/2017

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Date :05/04/2017

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From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format ADD 10.04.2017

Prime Tex Unit-B v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Prime Tex Unit-B v. State of Tamil Nadu

Case brief

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What did the court decide?

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