Central Organisation Of Tamil v. The Presiding Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2024 CORAM :
THE HONOURABLE DR. JUSTICE D.NAGARJUN Central Organization of Tamil Nadu Electricity Employees Mettur Thermal Power Station Branch, rep. By its Secretary, 3-6A-6, Rajaganapathy Nagar, Mettur Dam - 1.
... Petitioner Vs.
1.
The Presiding Officer, labour Court, Salem.
2.
The Superintending Engineer, Mettur Thermal Power Station, Mettur Dam.
3.
Gracium Industries ltd., Reddipalayam, Perambalur District.
4.
Associated Cement company Ltd., Madukkarai, Coimbatore District.
5.
Chettinad Cement Corporation Palitur, Karur.
6.
Madras Cements Ltd., Aalathiyar works, Cement Nagar, Perambalur District.
7.
Ramana Logistics 7/146-A, old market, Bharani main Road, Page No.1 of 4
Mettur Dam, Salem.
8.
Saravana & Co.
38, Housing Unit Madhayankuttai, Mettur Dam.
9.
R.Muthulakshmi & Co.
89/46-A, Thangamapuri Pattanam, Mettur Dam, R.S.Salem.
10.
R.Saravanan Engineering & Transport Contractor, 99/46, Square market, Mettur Dam - 636 401.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent labour Court, Salem to complete the adjudication of the dispute in I.D.No.51/2004 and to submit its award at the earliest.
For petitioner :
Mr.V.Ajoy Khose For R1 :
Labour Court For R2,R8 to R10 :
No appearance For R3,R4 and R6 :
Mr.P.Raghunathan For M/s. T.S.Gopalan For R5 :
Mr.R.S.Sankarasubbu For Mr.T.Balaji and Mr.Praveen Kumar Page No.2 of 4
O R D E R
This writ petition is filed seeking a direction to the first respondent labour Court, Salem, to complete the adjudication of the dispute in I.D.No.51/2004 and to submit its award at the earliest. 2.
It is submitted by the learned counsel for the petitioner that I.D.No.51/2014 is pending more than 19 years and has not been disposed of for one reason or the other and hence, this writ petition for the aforesaid relief. 3.
The learned counsel for the third, fourth and sixth respondents submitted that the delay in disposal of I.D.No.51/2014 is mainly on account of the petitioner's attitude in protracting this case. 4.
The learned counsel appearing for the fifth respondent also submits that the delay in disposal of the Industrial Dispute has been caused by the petitioner by not submitting the no objection certificate. 5.
The learned counsel for the petitioner has filed a copy of the recent case status on the file of the trial Court which shows that the matter has been posted for orders. However, the Presiding Officer of the trial Court has been transferred and no officer is being posted. Since the Presiding DR.D.NAGARJUN Page No.3 of 4
Officer is not available and the matter is pending for disposal, this Court is of the opinion that appropriate direction shall be given to the Labour Court so that a proper date shall be fixed and an incharge officer shall be nominated to record the evidence and documents.
6.
Accordingly, this writ petition is disposed of directing the trial Court to complete the process of trial as quickly as possible within a period of four months from the date of receipt of a copy of this order. Costs made easy. 05.01.2024 vca To:
The Presiding Officer, labour Court, Salem.
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