Dismissed

The Management of Severn Glocon India Pvt. Ltd. v. M/S.United Labour Federation

Madras HC22 Oct 2021WA/1283/2019

Case brief

AI extract

What is this about?

In a writ appeal against a lower court order remanding a labor standing orders certification case, the High Court dismissed the appeal, upholding the remand to ensure all objections were considered and parties were heard.

What did the court decide?

The remand order by the lower court is upheld; the matter must be sent back to the Certifying Officer for fresh consideration.

The Management of Severn Glocon India Pvt… — Labour and Industrial Disputes | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.10.2021

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CORAM

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THE HONOURABLE MR.JUSTICE T.RAJA

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AND

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THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.A.No.1283 of 2019

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The Management of Severn Glocon India Pvt.Ltd.,

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rep by its Managing Director F-96 and 97, Sipcot Industrial Park Irungatukottai, Chennai 602 117

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..Appellant

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-vs-

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M/s United Labour Federation-Reg.No.2657/CNI rep by its Secretary No.149, Thambu Chetty Street

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C.J Complex, 4^th Floor, Chennai 600 001

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The Joint Commissioner of Labour Certifying Officer under Industrial Employment (Standing Orders) Act 6^th Floor, D.M.S.Compound Teynampet, Chennai 600 006

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Severn Glocon Employees Welfare Union rep by its Secretary Plot No.40, S-2, KGT Nagar Near Maran Garden, Katupakkam Chennai 600 056 ..Respondents

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Appeal filed under Clause 15 of the Letters Patent against the order dated 22.02.2019 made in W.P.No.28785 of 2018.

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Prayer in W.P.No.28785 of 2018: Petition filed under Article 226 of the constitution of India praying to issue a writ of certiorari Calling for the record in connection with the Certified Standing Order dated 12.09.2017 passed by the 1st respondent in Standing Orders Case File No.Aa/3164/2016 and quash the same.

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For Appellant :: Mr.M.Rajeswaran for M/s Nathan & Associates

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For Respondents :: Mr.V.Prakash Senior Counsel for M/s M.Karthikeyani for R1

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

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Mr.T.Arunkumar Government Advocate for R2 No appearance for R3

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JUDGMENT

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(Judgment of the Court was made by T.RAJA, J.)

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This writ appeal has been directed against the impugned order of remand directing both the parties to go back to the second respondent, namely, the Joint Commissioner of Labour, Certifying Officer under the Industrial Employment (Standing Orders) Act, on the ground that when several objections were raised by the first respondent/writ petitioner-Federation, the second respondent appears to have not considered the same.

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2. Heard both sides.

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As contended by Mr.V.Prakash, learned Senior Counsel appearing for the first respondent/writ petitioner-Federation, when several documents were produced by the first respondentFederation raising objections to the Draft Standing Orders, instead of allowing the parties to adduce evidence in support of their respective objections, unfortunately, the second respondent has simply brushed aside the objections and certified the Draft Standing Orders by the order impugned in the writ petition. Therefore, the learned single Judge, finding fault with the approach adopted by the second respondent, after setting aside the order impugned, has rightly remanded the matter back to the second respondent to consider the issue afresh after affording reasonable opportunity to both the first respondent-Federation and the Management before granting any certification to the Draft Standing Orders. Hence, finding no infirmity with the impugned order, the writ appeal fails and it is dismissed. Needless to state that the second respondent shall complete the enquiry, after affording reasonable opportunity to both parties, and pass appropriate orders on merits within a period of six months from the date of receipt of a copy of this order. Consequently, interim order stands vacated and the C.M.P.No.8751 of 2019 is also dismissed. However, there is no order as to costs.

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Sd/-

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Assistant Registrar(CS-VI)

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//True Copy//

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Sub Assistant Registrar

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

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The Joint Commissioner of Labour Certifying Officer under Industrial Employment (Standing Orders) Act 6^th Floor, D.M.S.Compound Teynampet Chennai 600 006

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+1cc to M/s.Nathan and Associates, Advocate, S.R.No.54423

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+1cc to M/s.M.Karthikeyani, Advocate, S.R.No.55121

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W.A.No.1283 of 2019

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VSN-II(CO) RGA(15/11/2021)

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

The Management of Severn Glocon India Pvt. Ltd. v. M/S.United Labour Federation

Case brief

What is this about?

What did the court decide?

The Management of Severn Glocon India Pvt. Ltd. v. M/S.United Labour Federation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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