Dismissed¶36

Orunginaintha Uzhiyargal v. Anglo French Textiles of

Madras HC25 Feb 2025WP/4527/2014

Case brief

AI extract

What is this about?

Madras High Court, single judge (M.Dhandapani, J.), 25.02.2025; W.P.No.4527 of 2014 with M.P.No.2 of 2014. Union (Orunginaintha Uzhiyargal Kootamaippu) v. Anglo French Textiles / Pondicherry Textile Corporation (PTC), Department of Industrial Development (Industries and Commerce), Commissioner of Labour, Puducherry. Challenge to committee constituted for disposal of old machineries and obsolete items; plea for BIFR reference of sick industry; demand for works committee under Industrial Dispute (Central) Rules; restraint on alienation of assets; writ dismissed with liberty to pursue statutory remedies; no costs.

What did the court decide?

The petitioner (union) cannot restrict the first respondent from alienating the old machineries and other obsolete items. ¶35

Orunginaintha Uzhiyargal Vs Anglo French Textiles of — Writ and Judicial Review | Madras HC (2025)

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W.P.No.4527 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.No.4527 of 2014 And

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M.P.No.2 of 2014

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Orunginaintha Uzhiyargal Kootamaippu Puducherry -Textile Corporation (AFT) Puducherry, Rep. by its General Secretary,

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... Petitioner

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Vs.

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1.Anglo French Textiles of Pondicherry -Textile Corporation (PTC),

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represented by its Managing Director, Cuddalore Road, Mudaliarpet, Puducherry – 605 004.

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2.Department of Industrial Development

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-(Industries and Commerce)

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Represented by its Secretary to Govt. of Puducherry, Chief Secretariat Building, Gubert Salai, Puducherry – 1.

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3.The Commissioner of Labour, Gandhi Nagar, Puducherry.

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... Respondents

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Prayer:

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Petition filed under Article 226 of the Constitution of India to

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issue a Writ of Certiorarified Mandamus, calling for the records of the

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

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1/4

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W.P.No.4527 of 2014

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respondent relating to the impugned order Ref.PTC/2014/15 dated 27.01.2014, and quash the same, consequently direct the respondents 1 and 2 to refer the issue of first respondent industry to BIFR (Board and Appellate Authority for Industrial and Financial Re-construction) for appropriate action and direct the respondents herein to constitute a works committee as per the procedure contemplated under the Industrial Dispute (Central) Rules and till such time forbear the respondents herein from alienating, disposing the movable and immovable assets of first respondent industry.

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For Petitioner : Mr.P.R.Thiruneelakandan For Respondents : Mr.V.Vasanthakumar Additional Government Pleader (P)

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O R D E R

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The petitioner has filed this writ petition seeking issuance of Writ

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of Certiorarified Mandamus, calling for the records of the respondent relating to the impugned order Ref.PTC/2014/15 dated 27.01.2014, and quash the same, consequently direct the respondents 1 and 2 to

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refer the issue of first respondent industry to BIFR (Board and Appellate Authority for Industrial and Financial Re-construction) for appropriate action and direct the respondents to constitute a works committee as per the procedure contemplated under the Industrial

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2/4

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

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W.P.No.4527 of 2014

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Dispute (Central) Rules and till such time forbear the respondents herein from alienating, disposing the movable and immovable assets of first respondent industry.

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2.The first respondent decided to dispose of the old machineries and other obsolete items and vide impugned order constituted a committee for that purpose. The grievance of the petitioner is that the said committee did not consist of representative from the petitioner union and the said act of the first respondent will affect the interest of the workers. If according to the first respondent, the first respondent is a sick industry facing financial crisis, the Government ought to have referred the issue to BIFR, however, has constituted a committee for disposing of the old machineries and other obsolete items, thereby the petitioner has filed this writ petition.

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3.However, the petitioner cannot restrict the first respondent from alienating the old machineries and other obsolete items. If at all there is any retrenchment or dismissal, the petitioner can challenge the same before the appropriate forum in the manner known to law.

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4.In view of the above, the writ petition is dismissed with liberty

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3/4

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

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W.P.No.4527 of 2014

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to the petitioner to work out the remedy in the manner known to law

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M.DHANDAPANI,J. pri