Disposed

India Radiators Employees Union v. The Registrar of Trade Unions

Madras HC1 Feb 2019WP/2130/2019

Case brief

AI extract

What is this about?

The Madras High Court heard a writ petition seeking a mandamus directing the Registrar of Trade Unions to issue a duplicate registration certificate for the petitioner union. The court directed the Registrar to consider the petitioner's representation and decide on merits within one week.

What did the court decide?

Directed the 1st Respondent to consider the petitioner's representation dated 10.01.2019 and pass appropriate orders on merits within one week.

India Radiators Employees Union Vs The Registrar of… — Writ and Judicial Review | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.02.2019

¶2

CORAM:

¶3

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

¶4

WP.No.2130 of 2019

¶5

India Radiators Employees Union represented by its Secretary (Reg.No.4/CPT), Puzhal, Chennai-66. ..Petitioner

¶6

Vs
1.The Registrar of Trade Unions (Special Joint
Commissioner of Labour),
4 th floor, TN Labour welfare Board Bldgs,
DMS Compound, Teynampet,Chennai-6.

¶7

2.The Management of Indian Radiators Limited, Puzhal,Chennai-66 ..Respondents

¶8

Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 1st Respondent to act on the letter of Petitioner, dated 10.01.2019 and to issue duplicate certificate of registration.

¶9

For Petitioner : Mr.K.M.Ramesh For Respondent : Mr.M.Karthikeyan, AGP-R1 Mr.T.S.Gopalan-R2

¶10

ORDER

¶11

The prayer in this Writ Petition is to direct the 1st Respondent to act on the letter of Petitioner, dated 10.01.2019 and to issue duplicate certificate of registration. Mr.M.Karthikeyan, the learned Additional Government Pleader takes notice for the 1st Respondent.

¶12

This court heard the learned counsel on either side and also perused the materials placed on record.

¶13

According to the learned counsel for the Petitioner, a settlement under Section 12(3) of the Industrial Dispute Act, was arrived at between the parties. But, the Petitioner did not agree for payment in instalments, but insisted for one time settlement.

¶14

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

¶15

Thereafter, under Section 18(1) of the Act, a settlement was arrived at between the Petitioner and the 2nd Respondent on 22.11.2017. A small group of workmen objected to the settlement by raising objections. Therefore, the Petitioner has approached the Deputy Commissioner of Labour, Chennai, to hold conciliation for the purpose of converting the 18(1) settlement into one of settlement under Section 12(3) of the ID Act. The said Labour Commissioner has refused to make a settlement as one arrived at under Section 12(3) of the ID Act. Hence, the Petitioner has filed WP.No.32897 of 2017, which was allowed and the appeal filed as against the same was dismissed. Since the Special Deputy Commissioner of Labour has insisted to produce the registration certificate of the Petitioner Union, the Petitioner has approached the 1st Respondent to issue a registration certificate and the 1st Respondent has refused to give the same. Hence, the Petitioner has sent a representation, dated 10.01.2019, to the 1st Respondent, seeking issuance of registration certificate. Since the said representation is not considered so far, this Writ Petition has been filed, seeking the relief, as stated above.

¶16

On instructions, the learned Additional Government Pleader for the 1st Respondent would submit that the Petitioner Union was registered on 04.12.1067 and the 1st Respondent is not able to trace out the registration certificate of the Petitioner and hence, the Respondent Department will issue a duplicate certificate or any other authorised certificate in any other format, on payment of necessary charges, if any, by considering the said representation of the Petitioner Union

¶17

Considering the submissions of the learned counsel on either side, the 1st Respondent is directed to consider the representation of the Petitioner Union, dated 10.01.2019 and pass appropriate orders, on merits and in accordance with law, within a period of one week from the date of receipt of a copy of this order.

¶18

With the above directions, this Writ Petition is disposed of. No costs.

¶19

Assistant Registrar

¶20

//True Copy//

¶21

Sub Assistant Registrar

¶22

Srcm

¶23

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

¶24

¶25

1.The Registrar of Trade Unions (Special Joint Commissioner of Labour), 4^th floor, TN Labour welfare Board Bldgs, DMS Compound, Teynampet,Chennai-6.

¶26

2.The Management of Indian Radiators Limited, Puzhal,Chennai-66.

¶27

+1cc to Mr.K.M.Ramesh, Advocate, S.R.No.8724
WP.No.2130 of 2019
RSV(CO)
rrs 04/02/2019

¶28

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

India Radiators Employees Union v. The Registrar of Trade Unions

Case brief

What is this about?

What did the court decide?

India Radiators Employees Union v. The Registrar of Trade Unions

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

C.Rajendran, Vs the Central Registrar of

S. Sekar Vs the Secry to Govt.

The Management of Kancheepuram central cooperative Bank Ltd. Vs The Appellate Authority (under the payment of Gratuity Act)

Tmt. a. Balamani, Vs the Collector

J.Ramesh Babu, Vs the State

T.Sundaramoorthy Vs the State of Tamil Nadu