Disposed

Pudhiya Jananayaga Thozhilalar v. Government of Puducherry

Madras HC6 Nov 2023WP/15338/2015

Case brief

AI extract

What is this about?

A trade union filed a writ petition seeking an injunction against the employer for altering service conditions without prior permission under the Industrial Disputes Act. The court noted that the Government had already referred the dispute to the Industrial Tribunal. It observed that the union may have become defunct as most members resigned. The petition was disposed of as infructuous.

What did the court decide?

No relief granted. The petition was disposed of as infructuous with liberty to pursue other remedies.

Pudhiya Jananayaga Thozhilalar Vs Government… — Pension and Retirement Benefits | Madras HC (2023)

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Writ Petition No.15338 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.11.2023

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CORAM

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THE HONOURABLE DR.JUSTICE D.NAGARJUN

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Writ Petition No.15338 of 2015

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& MP Nos.1 &2 of 2015

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Pudhiya Jananayaga Thozhilalar Munnani Manatec Electronics Branch, rep. by its General Secretary, Regn.no.1656/RTU/2014, No.18, 14^th Cross Street, Pudhu Nagar, Bahourpet, Bahour Post, Puducherry-607 402 ..Petitioner

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vs.

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1.The Government of Puduchery, Labour and Employment Department, Gandhi Nagar, Pondicherry.

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2.The Officer of the Labour Officer(Conciliation), 15, First Floor, Nehru Nagar Puducherry- 605 011

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3.The Management, Manatec Electronics Pvt. Limited, C-22 & 23, Industrial Estate, Thattanchavady, Puducherry- 605 009. ... Respondents

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.15338 of 2023

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the 3 rd respondent from altering the service conditions of the members of the petitioner union whose names are given in the Annexure to the affidavit filed in support of the writ petition in any manner including discontinuance of service or failing to provide employment in any manner or transferring their services without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes raised by the petitioner union regarding the change in service conditions and unilateral transfer of employees to another State with a malafide intention which is pending conciliation before the second respondent as dispute no.361/LO(C)/AIL/2015 dated 17.04.2015 regarding the illegal transfer of the employees with a malafide intention by changing their service conditions who are concerned in this writ petition, whose names are given in the annexure of the affidavit and further direct the 2nd respondent to conciliate and effect settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act and in turn direct the 1 st respondent to refer the dispute for adjudication before the competent industrial Adjudicator.

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For Petitioner : Mr.Balan Haridas

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For Respondents : Mr.Djearany, GA for RR1 & 2 Mr.T.P.Manoharan for R3

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*****

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.15338 of 2023

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O R D E R

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This writ petition has been filed by the Trade Union represented by the General Secretary seeking for issuance of a Mandamus to forbear the 3 rd respondent from altering the service conditions of the members of the petitioner union, whose names are given in the Annexure to the affidavit filed in support of the writ petition, in any manner including discontinuance of service or failing to provide employment in any manner or transferring their services without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes raised by the petitioner union regarding the change in service conditions and unilateral transfer of employees to another State with a malafide intention which is pending conciliation before the second respondent as dispute no.361/LO(C)/AIL/2015 dated 17.04.2015 and further direct the 2 nd respondent to conciliate and effect settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act and in turn direct the 1 st respondent to refer the dispute for adjudication before the competent industrial Adjudicator.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.15338 of 2023

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2.It is submitted by the learned counsel for the petitioner that the Government has passed G.O.Rt.No.03/AIL/LAB/T/2016 dated 13.01.2017 referring the dispute to the Industrial Tribunal for adjudication and thereby on account of such referring the dispute to the Industrial Tribunal, this petition has become infructuous.

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3. Learned counsel for the third respondent would submit that out of 44 employees in the petitioner Union, 40 of them had resigned and 4 of them had left service, thereby the petitioner Trade Union has become defunct and the matter has been referred to the Industrial Tribunal as per G.O.Rt.No.03/AIL/LAB/T/2016 dated 13.01.2017.

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4.In view of the above submission, if cause still survives and if the petitioner Trade Union is inclined to proceed with the same, the petitioner Trade Union is at liberty to work out its remedies in the manner known to law.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.15338 of 2023

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5.This Writ Petition is disposed of, with the above observation. No costs. Consequently, connected miscellaneous petitions are closed.

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06.11.2023

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Index : Yes/No Speaking order:Yes/No dn To 1.1.The Government of Puduchery, Labour and Employment Department, Gandhi Nagar, Pondicherry. 2.The Officer of the Labour Officer(Conciliation), 15, First Floor, Nehru Nagar Puducherry- 605 011 3.The Management, Manatec Electronics Pvt. Limited, C-22 & 23, Industrial Estate, Thattanchavady, Puducherry- 605 009.

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.15338 of 2023

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Dr.D. NAGARJUN, J

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Writ Petition No.15338 of 2015

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06.11.2023

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https://www.mhc.tn.gov.in/judis

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Pudhiya Jananayaga Thozhilalar v. Government of Puducherry

Case brief

What is this about?

What did the court decide?

Pudhiya Jananayaga Thozhilalar v. Government of Puducherry

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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