Disposed

Podhu Thozhilalar Sangam v. State of Tamil Nadu

Madras HC29 Oct 2018WP/26290/2018

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner sought direction to the Government to take action against the factory management for alleged labour law violations. The Court held that while the Government must act, it is open for them to decide the manner of exercise of power within a specified timeframe.

What did the court decide?

Directions issued to the Government to complete the enquiry and take action against the fourth respondent within two weeks from the date of receipt of the order copy.

Podhu Thozhilalar Sangam Vs State of Tamil Nadu — Service and Employment | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.10.2018

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CORAM

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THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.26290 of 2018 and W.M.P.Nos.30538 and 30543 of 2018

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Podhu Thozhilalar Sangam (Regn.No.504/CPT) rep.by its General Secretary, Mr.S.Kannan ... Petitioner

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Vs -

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1.State of Tamil Nadu represented by the Secretary Labour and Employment Department Secretariat, Chennai – 600 009.

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2.The Joint Director

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Industrial Safety and Health, Kancheepuram No.A-28, Thiru.Vi.Ka. Industrial Estate TANSI Corporation Office Building 1^st Floor, Guindy, Chennai 600 032.

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3.The Assistant Commissioner of Labour Sriperumbudur, Kancheepuram District.

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4.The Management of Myoung India Automative Pvt Ltd rep.by its Managing Director, Mr.Yong Soo Chin No.496/2, Mannur Village, Valarpuram Post

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Sriperumbudur Taluk, Kanchipuram District. ...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to take necessary action against the fourth respondent management for violating the labour laws and to ensure that the fourth respondent is following the labour law with strict adherence.

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For Petitioner : M/s.Karl Marx For Respondents: Mr.K.K.Ramesh, Government Advocate – For R1-3

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Mr.S.Ravindran, Senior Counsel for Mr.M.Elangovan – for R4

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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This writ petition has been filed, seeking direction to the Government to initiate action against the fourth respondent for violating the labour laws and to ensure that the fourth respondent is following the labour laws with strict adherence.

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Learned Senior Counsel appearing for the fourth respondent represents that action has been taken by the Government, by way of a show cause notice dated 17.09.2018, for which the fourth respondent has already given a reply.

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Considering the facts and circumstances, it is open to the Government to decide on the further course of action. It is not for to this Court to decide on the manner in which the power of the Government has to be exercised. The discretion of this Court under Article 226 is to only direct the government to exercise the power and not with regard to the manner of exercise of power and ultimately if it turns out that the exercise of power is not made in accordance with law, it is open to the petitioner to challenge the same as per the remedies available under law. The Government shall complete the enquiry and take action within a period of two weeks from the date of receipt of a copy of this order. The writ petition is closed with the above directions. No costs. Consequently, connected W.M.Ps are closed. Sd/Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kst To 1.State of Tamil Nadu represented by the Secretary Labour and Employment Department Secretariat, Chennai – 600 009. 2.The Joint Director Industrial Safety and Health, Kancheepuram No.A-28, Thiru.Vi.Ka. Industrial Estate TANSI Corporation Office Building 1^st Floor, Guindy, Chennai 600 032.

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3.The Assistant Commissioner of Labour Sriperumbudur, Kancheepuram District.

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https://hcservices.ecourts.gov.in/hcservices/

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4.The Management of Myoung Shin India Automative Pvt Ltd rep.by its Managing Director, Mr.Yong Soo Chin No.496/2, Mannur Village, Valarpuram Post Sriperumbudur Taluk, Kanchipuram District.

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+1cc to Mr.Karl Marx.K.C., Advocate, S.R.No.73785 +1cc to Mr.S.Bazeer Ahamed, Advocate, S.R.No.74265 +1cc to the Government Pleader, S.R.No.74367

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W.P.No.26290 of 2018
and W.M.P.Nos.30538
and 30543 of 2018
SJ(CO)
rrs 13/12/2018

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https://hcservices.ecourts.gov.in/hcservices/

Podhu Thozhilalar Sangam v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Podhu Thozhilalar Sangam v. State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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