The Madurai Bench of the Madras High Court dismissed a writ petition seeking a direction to refer a trade union non-recognition dispute for adjudication, holding that the Commissioner of Labour lacks statutory power for such references.
Writ Petition dismissed with no 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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 19.12.2018
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.16425 of 2015
Tirunelveli Mavatta Ambasamuthiram Madura Coats Mills Thozhilalargal Koottamaippu Tholir Sangam, (Reg No.1333/TVL), rep., by its President, 3/308F, Arumugampatti Keelpaguthi, Sivanthipuram, Vikramasingapuram Post, Ambasamudram Taluk, Tirunelveli District.
... Petitioner
/Vs./
1.The Commissioner of Labour, Teynampet, Chennai.
2.Madura Coats Private Limited, rep., by its General Manager, Papanasam Mills Post, Vikramasingapuram, Tirunelveli-627 422. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the first respondent to refer the dispute of non recognition of petitioner's trade union for adjudication before the proper forum for redressal.
For Petitioner : Mr.R.Pon Karthikeyan For R1 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R2 : Mr.T.Ravichandran
(cause title amended vide order of this Court in W.M.P(MD).No.22713 of 2018)
ORDER
The second respondent is engaged in Textile Manufacturing. In its Papanasam Unit more than 600 workers are employed. There are as https://hcservices.ecourts.gov.in/hcservices/ many as six recognized Trade Unions.
2
Sd/- Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
The Commissioner of Labour, Teynampet, Chennai.
W.P(MD)No. 16425 of 2015 19.12.2018
rmk ES/14.03.2019 : 2P/6C
2 issues framed by the court
Whether the Commissioner of Labour has statutory power to refer a dispute regarding non-recognition of a trade union for adjudication.
Whether the subject matter of non-recognition of a trade union is fit for reference under the Industrial Disputes Act in Tamil Nadu.
Tirunelveli Mavatta Ambasamuthiram Madura Coats Mills Thozhilalargal Koottamaippu Tholir Sangam
Commissioner of Labour, Teynampet, Chennai
Madura Coats Private Limited
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
