Pondicherry Agro Service v. Presiding Officer
Case brief
What is this about?
The High Court dismissed a writ petition challenging a Labour Court order finding a union legally competent to maintain an industrial dispute. The Court granted liberty to the petitioner to raise all jurisdictional and competency objections once the final Labour Court award is passed.
What did the court decide?
Liberty to raise all points regarding the writ petition after the final award is passed by the Labour Court if it goes against the petitioner's interest.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2020
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU
W.P.No.6616 of 2016 and W.M.P.No.5886 of 2016
Pondicherry Agro Service and Industries
Corporation Limited, rep. by Managing Director,
Agro House, Thattanchavadi,
Pondicherry - 605 009. ... Petitioner
vs
1. Presiding Officer,
The Labour Court at Puducherry.
2. Pondicherry Agro Service & Industries
Corporation Employees & Workers
Association, (PASIC Uzhiyar Matrum Thozhilalar
Sangam) rep. by its President, Secretary.
S.Gandhi, Door No.26, Palla Street,
1st Street, Muruganpakkam,
Puducherry - 605 004. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records of the impugned order dated 09.02.2016 made in I.A.No.1/2016 in I.D.(L).No.6/2014 on the file of the 1st respondent and to quash the same.
For Petitioner : Mr.R.Jayaprakash for Mr.S.Ashok Kumar For Respondents : Mr.R.Thiagarajan for R2 O R D E R
This writ petition is filed challenging the order made in I.A.No.1/2016 in I.D.(L)No.6/2014 dated 09.02.2016.
Issues for consideration
3 issues framed by the court
Whether the High Court should exercise its discretion to interfere with the Labour Court order dismissing jurisdiction in favour of the union at the interlocutory stage.
Whether an interim order finding an industrial dispute maintainable allows for judicial review before the final award is passed.
Whether the points raised regarding the legality of the union's competency can be deferred until the final Labour Court decision.
Parties & counsel
- petitioner
Pondicherry Agro Service and Industries Corporation Limited
- respondent
The Presiding Officer, The Labour Court at Puducherry
- respondent
Pondicherry Agro Service & Industries Corporation Employees & Workers Association
Coram
Case details
As recorded by the court registry
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