The petitioner challenged an enquiry notice issued by the Joint Commissioner of Labour under Article 226, seeking to quash it. The Court held the writ petition was premature as the petitioner could approach the issuing authority to explain their position.
The writ petition challenging the enquiry notice is dismissed as it is premature.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:05.02.2019
Coram
The Hon'ble Mr. Justice V.PARTHIBAN
W.P.No.2351 of 2019
and
W.M.P.No.2595 of 2019
Kulali Exports
rep.by its Partner
Mr.S.Pranesh .. Petitioner
Vs
1.The Office of the Deputy Director,
Industrial Safety and Health,
Tirupur District,
Tirupur.
2.State of Tamil Nadu,
rep.by its Secretary,
Labour and Employment Department,
Fort St.George,
Chennai-600 009
3.The Joint Commissioner of Labour,
Coimbatore ... Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records pertaining to the impugned Notice issued by the 3rd respondent in M.W.No.20 of 2018, dated 10.1.2019 and quash the same.
For Petitioner .. Mr.S.Ezhil Raj
For Respondents ... Mr.J.Ramesh,A.G.P.
ORDER
What is challenged in the writ petition is an enquiry notice issued by the 3rd respondent directing the petitioner to appear for an enquiry.
2.When the matter is taken up for hearing, it is represented that originally the petitioner was directed to appear for an enquiry on 28.01.2019, but now the enquiry has been adjourned to 25.03.2019.
3.This Court is unable to appreciate as to how the present writ petition against the enquiry notice can be maintained. The writ petition as such is premature and cannot be maintained at this stage. It is open to the petitioner to approach the authority concerned, who issued the notice and explain his position, if he is so advised. Therefore, the writ petition is not maintainable and the same is dismissed. No costs. Connected miscellaneous petition is dismissed.
Sd/Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msk To 1.The Office of the Deputy Director, Industrial Safety and Health, Tirupur District, Tirupur. 2.The Secretary, Labour and Employment Department, Fort St.George, Chennai-600 009 3.The Joint Commissioner of Labour, Coimbatore. +1cc to the Government Pleader, S.R.No.10239 W.P.No.2351 of 2019 SVI(CO) GSP(06/03/2019)
1 issue framed by the court
Whether a writ petition challenging an enquiry notice issued for an industrial dispute is maintainable at the pre-enquiry stage.
1 provisions across 1 enactments
Kulali Exports
The Office of the Deputy Director, Industrial Safety and Health, Tirupur District
State of Tamil Nadu
The Joint Commissioner of Labour, Coimbatore
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
