Petitioner challenged a strike as illegal pending conciliation. Parties settled the dispute. Court dismissed the petition with direction that future strikes must comply with law.
Writ Petition disposed with direction that future strikes must be declared in accordance with law; no costs.
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.
W.P.No.31040 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2022
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.31040 of 2022 and
W.M.P.No.30442 of 2022
JK Tyre and Industries Limited, Chennai Tyre Plant, Sriperumbudur - Tambaram Road (SH-110), Kolathur Village, Sriperumbudur Taluk, Kancheepuram Dist 602 105, Rep. by its Vice President - Works.
... Petitioner
Vs.
1.The Government of Tamil Nadu, Rep. by the Secretary, Labour and Employment Department, Fort St.George, Chennai - 600 009.
2.The Joint Commissioner of Labour - II, (Conciliation Officer), D.M.S. Complex, Teynampet, Chennai - 600 006.
3.The Asst. Commissioner of Labour (Conciliation I), SIPCOT Office, Irungattukottai, Sriperumbudur, Kancheepuram.
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4.JK Tyres Thozhilalargal Sangam - CTP, Rep. by the Secretary, 21B, Vilakkdaikoil Street, Kancheepuram - 631 501. ... Respondents
PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent to consider the e-mail representation of the petitioner dated 16.11.2022, initiate appropriate action against the office bearers of the 4th respondent for indulging in an illegal strike in factory premises of petitioner at J.K.Tyre and Industries Ltd., Chennai Tyre Plant SriperumbudurTambaram Road (SH-110), Kolathur Village, Sriperumbudur Taluk, Kancheepuram District - 602 105 contrary to the provisions of the Industrial Disputes Act.
For Petitioner : Mr.Anand Gopalan for M/s.T.S.Gopalan and Co.
For Respondents : Mr.G.Nanmaran Special Government Pleader for R1 to R3
Mr.N.G.R.Prasad for Mr.S.Sivakumar for R4
ORDER
The petitioner Management has filed this Writ Petition, challenging
the strike called for by the respondent Union, on the ground that pending
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conciliation proceedings before the Labour Officer, the respondent Union ought not have called for strike. According to them, it is arbitrary and illegal. Admittedly, conciliation proceedings are pending before the Labour Officer with regard to the bonus issue for which the respondent Union is representing before the Labour Officer to protect the interest of the workers employed in the petitioner Management.
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Joint Memorandum filed by the respective counsels appearing for the respective parties before this Court today. However, it is made clear that the respondent Union, if it desires to declare strike in the near future, they shall declare the same only in accordance with law. Similarly, the petitioner Management if it desires to declare Lock-out, they shall do so only in accordance with law.
02.12.2022
Index : Yes/No Speaking Order : Yes / No ab
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W.P.No.31040 of 2022
To
1.The Government of Tamil Nadu, Rep. by the Secretary, Labour and Employment Department, Fort St.George, Chennai - 600 009.
2.The Joint Commissioner of Labour - II, (Conciliation Officer), D.M.S. Complex, Teynampet, Chennai - 600 006.
3.The Asst. Commissioner of Labour (Conciliation I), SIPCOT Office, Irungattukottai, Sriperumbudur, Kancheepuram.
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ABDUL QUDDHOSE. J.,
ab
W.P.No.31040 of 2022
02.12.2022
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2 issues framed by the court
Whether the writ petition challenging an illegal strike ought to be disposed of when parties have reached a final settlement.
Whether the Union must declare a future strike in accordance with the law.
JK Tyre and Industries Limited, Chennai Tyre Plant
The Government of Tamil Nadu
The Joint Commissioner of Labour - II
The Asst. Commissioner of Labour (Conciliation I)
JK Tyres Thozhilalargal Sangam - CTP
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
