The petitioner sought a writ to restrain respondents from altering service conditions without Section 33 permission. Due to an admission that a settlement had been signed, the writ petition was closed without any order as to costs.
None granted. The writ petition is stood closed. No order as to costs.
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 :27.04.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.9127 of 2017
and
W.M.P.No.10052 of 2018
Tamil Nadu General Workers Union Regn.No.289/CPT/1975 K.T.K.Thangamani Illam 2/1, Kovur Vaidyanathan Street Chintadripet Chennai – 600 002. ..Petitioner vs 1.Government of India, Rep.by its Secretary, Ministry of Labour and Employment Department, Rafi Marg, New Delhi.
5.Management Feedback Brisa OMT Highways Private Limited 15th Floor, Tower 9, P.T.L.F. Cyber City, Phase 3 Gurgaon, Haryana 122 002.
6.Management
Gowtham Detective & Security Service Private Limited Head Office:No.5/2, G.S.T.Salai, 3rd Street, Kamatchi Colony Tambaram Sanatorium Chennai – 600 047.
7.Management, Venkatesan Electricals Perumathur Village & Post, Kunnam Taluk, Perambalur – 621 717.
8.LN Malviya Infra Project Limited T 10, 3rd Floor, City Centre Plot No.I, Above Vishal Mega Mart Zone I, Bhopal 462 001. Madhya Pradesh .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents No.4 to 8 from altering the service conditions of the members of the petitioner union whose names are given in the Annexure to the Writ Petition in any manner including discontinuance of service or failing to provide employment in any manner without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes dated 25.01.2015 raised by the petitioner union regarding regularization of the services of the 239 employees concerned in the dispute, which is pending conciliation before the 2nd respondent as M.8/1/2016.B2 and further direct the 2nd respondent to conciliate and effect settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act and in turn direct the 1st respondent to refer the dispute for adjudication before the competent Industrial Adjudicator.
For Petitioner : M/s.Balan Haridas
For Respondents : M/s.Inthu Karunakaran for R5 Mr.S.Karthick, Senior Counsel for M/s.Sharulamarchand mangaldas for R4
No appearance for R2, R3, R6 & R7
O R D E R
The learned counsel appearing on behalf of the writ petitioner filed an additional typed set of papers and it is admitted by the parties to this lis that the 12(3) settlement had already been signed between the Union of India and the Management on 03.11.2017.
2.The learned Senior Counsel appearing on behalf of the 4th respondent also states that all the issues were adjudicated and the settlement has been signed between the parties.
3.However, the learned counsel appearing on behalf of the writ petitioner states that the issue in relation to the regularization is still pending before the 2nd respondent/The Assistant Labour Commissioner(Central). If any such issue is pending, then the 2nd respondent is at liberty to conclude the same. If the issue raised has already been concluded, then the respective parties are at liberty to proceed with the 12(3) settlement already entered into. In respect of the maintainability raised by the learned Senior Counsel, all the issues are left open and the same can be raised in an appropriate proceedings.
4.With these observations, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed.
Sd/Deputy Registrar(CS) //True Copy// Sub Assistant Registrar kak Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order To 1.The Secretary, Government of India, Ministry of Labour and Employment Department, Rafi Marg, New Delhi.
W.P.No.9127 of 2017 TR(11/05/2018)
1 issue framed by the court
Whether to issue a writ of mandamus restraining respondents from altering service conditions of union members without permission under Section 33 of the Industrial Disputes Act, 1947.
4 provisions across 2 enactments
Tamil Nadu General Workers Union
Government of India
Assistant Labour Commissioner (Central)
Chief General Manager cum Zonal Director, National Highway Authority of India
Trichy Tollway Private Limited
Brisa OMT Highways Private Limited
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
