Disposed

Bhavani Employees union v. Government of India

Madras HC2 Mar 2021WP/12795/2020

Case brief

AI extract

What is this about?

The High Court directed the Conciliation Officer to conclude pending conciliation proceedings regarding employee demands within six weeks. The Court ordered the petitioner to raise objections before the Industrial Tribunal regarding a previously referred demand and directed the Indusrial Tribunal for speedy disposal. The writ petition was disposed of with these directions.

What did the court decide?

Direction issued to the Conciliation Officer to conclude proceedings within six weeks; direction to the Industrial Tribunal for speedy disposal; tapering of connected petitions.

Bhavani Employees union Vs Government of India — Labour and Industrial Disputes | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.03.2021

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CORAM

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THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

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WP NO.12795 OF 2020 AND WMP NOS.15810 & 15813 OF 2020

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BHAVINI Employees' Union Rep. by its General Secretary No.460, Periyar Nagar, Pudupattinam, Kalpakkam, Chegalpattu District. .. Petitioner Versus 1.Government of India Ministry of Labour and Employment Rep. by its Secretary Shram Shakti Bhavan, Rafi Marg, New Delhi – 110 001. 2.The Assistant Labour Commissioner (Central) – Conciliation Shastri Bhavan, Haddows Road, Chennai – 6. 3.Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Rep. by its Chairman and Managing Director Kalpakkam, Chengalpattu District. 4.The Chief Construction Engineer (FBR 1&2) Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District.

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5.The Assistant General Manager (HR) Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District. 6.The Senior Manager (HR) Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District.

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7.The Manager (HR)

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Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District.

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

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8.The Officer – in – Charge

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BHAVINI Industrial Canteen Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102.

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Chengalpattu District.

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9.BHAVINI Industrial Canteen Apex Committee

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Rep. by its Chairman Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102.

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Chengalpattu District.

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10.BHAVINI Industrial Canteen Steering Committee Rep. by its Chairman Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District. .. Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Circular No.BHAVINI/CANTEEN/2020 dated 13.02.2020 issued by the 6^th respondent and the Tender Notification in TENDER No.BHAVINI/CTC/O&M/164/2020 dated Nil issued by the 4^th respondent in the official website of the 3^rd respondent Corporation, quash the same and consequently direct the 2^nd respondent to conclude the conciliation proceedings in No.M8/99/2019 B3, within a specified time so as to bring an amicable settlement and to submit a failure report to the 1^st respondent, if there is no possibility for any amicable settlement; direct the 1^st respondent to refer the dispute for adjudication to the Central Government Tribunal / Labour Court, Chennai and direct the respondents 3 to 10 to maintain the same price list of food items to be supplied in BHAVINI Canteen as on 31.12.2019, till the dispute is either settled or adjudicated.

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For Petitioner : Mr.V.Ajoy Khose For Respondents 1&2 : Dr.G.Babu Central Government Standing Counsel For Respondents 3-10: Mr.S.Senthilnathan

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The Writ Petition is filed for completion of conciliation proceedings with regard to the Charter of Demands made by the petitioner / Union on 08.01.2020.

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

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2.The petitioner / Union has raised 18 demands in their Charter of Demands. By intervention of this Court, demand No.17 alone was segregated and it was conciliated by the Conciliation Officer and it was referred to the Industrial Tribunal. In so far as demand No.17 is concerned, it is open to the petitioner / Union to raise whatever objections they have, before the Industrial Tribunal, in the manner known to law. In so far as the remaining Charter of Demands, conciliation is still pending with the Conciliation Officer.

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3.Therefore, a direction is issued to the Conciliation Officer to conclude the conciliation proceedings within a period of six weeks from the date of receipt of a copy of this order. It goes without saying that all opportunities should be given to both parties to put forward their claims before the Conciliation Officer. The Industrial Tribunal shall consider speedy disposal of the dispute.

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4.The Writ Petition is disposed of with the above
direction. No costs. Consequently, connected miscellaneous
petitions are closed.
Sd/-
Assistant Registrar (CS-V)
//True Copy//
Sub Assistant Registrar
TK
To

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1.The Secretary, Government of India Ministry of Labour and Employment Shram Shakti Bhavan, Rafi Marg, New Delhi – 110 001.

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2.The Assistant Labour Commissioner (Central) – Conciliation Shastri Bhavan, Haddows Road, Chennai – 6.

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3.The Chairman and Managing Director Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam, Chengalpattu District.

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4.The Chief Construction Engineer (FBR 1&2)

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Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District.

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

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5.The Assistant General Manager (HR) Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District. 6.The Senior Manager (HR) Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District.

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7.The Manager (HR) Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District.

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8.The Officer – in – Charge BHAVINI Industrial Canteen Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District. 9.The Chairman BHAVINI Industrial Canteen Apex Committee Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District.

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10.The Chairman BHAVINI Industrial Canteen Steering Committee Bharatiya Nabhikya Vidyut Nigam Limited (BHAVINI) Kalpakkam – 603 102. Chengalpattu District. 11.The Presiding officer, Labour Court, Chennai. +1cc to Mr.V.Ajoy Khose, Advocate, S.R.No. 12701 +2cc to Dr.G.Babu, Advocate, S.R.No. 12884 +1cc to Mr.S.Senthilnathan, Advocate, S.R.No. 12710

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WP NO.12795 OF 2020

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VSN II(CO) GN(30/03/2021)

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

Bhavani Employees union v. Government of India

Case brief

What is this about?

What did the court decide?

Bhavani Employees union v. Government of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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