Writ petition under Article 226 for reinstatement after retrenchment dismissed; petitioner directed to approach Deputy Commissioner of Labour under Industrial Disputes Act, 1947.
Liberty to raise industrial dispute before Deputy Commissioner of Labour, Tirunelveli ¶¶34
For retrenchment of an employee, the Deputy Commissioner of Labour concerned is the appropriate authority to initiate proceedings for conciliation under the Industrial Disputes Act, 1947. ¶¶30
W.P.(MD) No.5581 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD) No.5581 of 2025
V.Neelakrishnan
... Petitioner
-vs-
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W.P.(MD) No.5581 of 2025
6.The Regional Labour Commissioner Central Labour Welfare Regional Office No.5, Old No.1u Lady Doak College Road Chinnasokikulam Madurai-625 002
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 to reinstate the petitioner by taking appropriate action against the seventh respondent by considering the petitioner's representation dated 28.06.2024 by fixing a time frame by this Court.
For Petitioner : Mr.V.Vijayendiran For Respondents : Mr.F.Deepak Special Government Pleader for R1 to R6
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O R D E R
W.P.(MD) No.5581 of 2025
This writ petition has been filed by the petitioner seeking a direction to the respondents 1 to 6 to reinstate him in service by taking appropriate action against the seventh respondent – Company, by considering his representation dated 28.06.2024.
2. This Court has perused said representation dated 28.06.2024 and the affidavit filed in support of the writ petition and is of the view that the petitioner's primary grievance appears to be retrenchment of his service from the seventh respondent – Company in the month of May, 2024. Though the same is his grievance, the petitioner submitted a representation dated 28.06.2024 generalizing the grievance of all other employees as well.
3. Further, in the case of retrenchment of an employee, the Deputy Commissioner of Labour concerned would be the appropriate Authority to initiate appropriate proceedings for conciliation etc., and in case if the conciliation fails, the employee has to file a petition under the provisions of the Industrial Disputes Act, 1947.
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W.P.(MD) No.5581 of 2025
4. In the light of the above, this writ petition is disposed of granting liberty to the petitioner to raise a dispute before the competent Authority / Deputy Commissioner of Labour, Tirunelveli, in connection with the retrenchment of his service from the seventh respondent – Company and in case if any such complaint is made, the Deputy Commissioner of Labour, Tirunelveli, shall take appropriate action in accordance with law. No costs.
03.03.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No
Note to Office:
Mark a copy of this order to the Deputy Commissioner of Labour, Tirunelveli.
krk
To:
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W.P.(MD) No.5581 of 2025
Page 5 of 6
W.P.(MD) No.5581 of 2025
MUMMINENI SUDHEER KUMAR, J.
krk
W.P.(MD) No.5581 of 2025
03.03.2025
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1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus directing reinstatement after retrenchment from employment.¶¶22, ¶28-29
2 provisions across 2 enactments
How this case reached the court
Mummineni Sudheer Kumarauthor¶¶4-5
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
