Petitioner Union sought writ under Article 226 to restrain alteration of office bearers' service conditions and to direct conciliation and adjudication under Industrial Disputes Act. Court found relief infructuous due to petitioner's representation. Petition dismissed with no costs.
No relief granted. Writ petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.7495 of 2015 and M.P No.1 of 2015
Puthiya Jananayaga Thizhilalar Munnani Dalmia Branch Rep. by its Secretary, Regn.No.43/TVR
No.Katcheri Street, Perumpedu Panchayat, Ponneri Taluk, Tiruvallur District. ...Petitioner
vs
1.Government of Tamil Nadu Represented by its Secretary Labour and Employment Department, Fort St. George, Chennai-600 009.
3.The Management Dalmia Laminators (P) Ltd SIPCOT Industries Estate, Gummidipoondi- 601 201. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the third respondent from altering the service conditions of the office bearers of the petitioner Union viz., M.S.Doss, D.Siva and B.Ravindran in any manner including discontinuance of service without getting prior permission under Section 33 of the Industries Disputes Act, 1947 in the Industrial Dispute raised by the petitioner Union dated 20.01.2015 regarding questioning the domestic enquiry which are pending conciliation before the 2nd respondent and further direct the conciliation officer, viz., 2nd respondent to conciliate and effect settlement under Section 12 (3) and if no settlement is forth coming to submit failure report under Section 12 (4) of the Industrial Disputes Act, 1947 and in turn direct the 1st respondent to refer the dispute for adjudication before the competent adjudicator.
For Petitioner : Mr.S.Parthasarathy
For Respondents : Mr.VPR. Elamparithi (R1 and R2) Government Advocate Mr.Haroon for M/s.T.S.Gopalan & Co (R3)
O R D E R
When this Writ Petition is taken up for hearing, the learned counsel appearing for the petitioner submitted that the relief sought for in this writ petition has become infructuous. He had also sent a letter dated 05.07.2021 to this effect through E-mail.
Sd/Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
arr
To
1.The Secretary, Government of Tamil Nadu, Labour and Employment Department, Fort St. George, Chennai-600 009.
2.The Assistant Commissioner of Labour (Conciliation)-2 Kuralagam, Chennai- 600 108. +1cc to M/s.T.S.Gopalan & Co., SR.No.31316 +1cc to the Government Pleader, SR.No.31696
W.P.No.7495 of 2015 VG-II(CO) RVM(10/08/2021)
1 issue framed by the court
Whether the writ petition seeking direction to alter service conditions and refer industrial dispute remains maintainable.
4 provisions across 2 enactments
Puthiya Jananayaga Thizhilalar Munnani Dalmia Branch
Government of Tamil Nadu
The Assistant Commissioner of Labour (Conciliation)
The Management Dalmia Laminators (P) Ltd
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
