Disposed

Tn Hms Uzhaippalar Sangam v. Container Corporation of India

Madras HC15 Mar 2021WP/5481/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition for mandamus seeking employment of union members. The court directed the Labour Commissioner to conclude conciliation proceedings under Section 12(6) of the Industrial Disputes Act, maintaining the existing status quo until appropriate orders are passed, noting the dispute remains unsettled.

What did the court decide?

Direction to the Labour Commissioner to conclude conciliation proceedings and pass appropriate orders while maintaining the status quo.

Tn Hms Uzhaippalar Sangam Vs Container Corporation of… — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.03.2021

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CORAM

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THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

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W.P.No.5481 of 2021 and W.M.P.Nos.6086 and 6088 of 2021

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TN HMS Uzhaippalar Sangam, Represented by its State President, Regd. No.3544/CNI, Affiliated to Hind Mazdoor Sabha, 193-B, Railway Colony, Gandhi Irwin Road, Egmore, Chennai – 600 008. ... Petitioner

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Vs. 1. Container Corporation of India, Inland Container Depot, Ennore High Road, Sathankadu Village, Thiruvottiyur, Chennai – 600 019. 2. The Regional Labour Commissioner (C), No.26, 'A' Wing, 5^th Floor, Shasthri Bhawan, Haddows Road, Nungambakkam, Chennai – 600 006.

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Preethan Equipment Service Pvt. Ltd., No.6 & 7 Riddi Shaya Building, New Panvel 410 206, Navi Mumbai, Maharashtra.

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... Respondents

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PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1^st and 3^rd respondents to only employ the members of the Petitioner Union at the Thiruvottiyur Depot of the 1^st respondent.

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For Petitioner : Mr.A.Jenasenan For Respondent No.1 : M/s.Dharanichander

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For Respondent No.2 : M/s.V.Kadhirvelu

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Special Government Pleader

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For Respondent No.3 : M/s.Ambedkar

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

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O R D E R

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The present Writ Petition has been filed for the issuance of a Writ of Mandamus to direct respondent Nos.1 and 3 to employ the members of the Petitioner Union at Thiruvottiyur Depot of respondent No.1.

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The Petitioner Union raised an industrial dispute before the second respondent and the second respondent has held negotiations on 24.12.2020, 06.01.2021, 07.01.2021 and 22.01.2021 and till date, there is no amicable settlement. The Petitioner's complaint is that the third respondent Contractor is not coming forward for any settlement.

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The learned counsel appearing for the petitioner would draw the attention of this Court to the order of the Conciliation Officer, dated 24.12.2020, wherein, the third respondent has been directed to maintain status-quo under Section 33 of the Industrial Disputes Act, 1947, and the Union has also been directed to maintain status-quo under Section 23 of the Act. This order, according to the learned counsel for the petitioner, is still in force.

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Considering the facts and circumstances of the case, a direction is given to the second respondent to conclude the conciliation proceedings in terms of Section 12(6) of the Industrial Disputes Act, 1947, and pass appropriate orders. It is made clear that during the pendency of the conciliation proceedings, the terms of appointment shall not be altered and the order of status quo as ordered by the second respondent as on 24.12.2020 shall be maintained.

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With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed.

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Sd/Assistant Registrar(CS III)

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//True Copy//

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Sub Assistant Registrar

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Container Corporation of India,

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Inland Container Depot, Ennore High Road,

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Sathankadu Village, Thiruvottiyur,

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Chennai – 600 019.

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

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The Regional Labour Commissioner (C),

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No.26, 'A' Wing, 5^th Floor,

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Shasthri Bhawan,

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Haddows Road, Nungambakkam,

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Chennai – 600 006.

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Preethan Equipment Service Pvt. Ltd.,

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No.6 & 7 Riddi Shaya Building,

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New Panvel 410 206,

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Navi Mumbai, Maharashtra.

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+1cc to M/s.Dharanichander, Advocate, S.R.No.17113. +2cc to Mr.A.Jenasehan, Advocate, S.R.No.163038.

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W.P.No.5481 of 2021 and
W.M.P.Nos.6086 and 6088 of 2021
PMK(CO)
CSR 01.04.2021

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

Tn Hms Uzhaippalar Sangam v. Container Corporation of India

Case brief

What is this about?

What did the court decide?

Tn Hms Uzhaippalar Sangam v. Container Corporation of India

Case brief

What is this about?

What did the court decide?

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