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Madras High CourtWP/641/2021disposed of

Ucal Employees Union v. The Secretary Labour Cum

2021-01-27Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2021

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ W.P.No.641 of 2021 and W.M.P.Nos.706 and 708 of 2021 UCAL Employees Union, Rep. by its General Secretary, V.Hari Babu, No.42, Bharathi Mill Thittu, Cuddalore Road, Mudaliarpet, Puducherry - 605 004.

... Petitioner Vs.

1. The Secretary (Labour)-cum Labour Commissioner, Labour Department, Govt. of Puducherry, Puducherry.

2. The Managing Director, UCAL Fuel Systems Limited, A98-A100-A107, PIPDIC Industrial Estate, Mettupalayam, Puducherry - 605 009.

... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the second 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 transferring or failing to provide employment without getting prior permission under Section 33 of Industrial Disputes Act, 1947, in the Industrial Dispute Pending before the first respondent in his proceedings No.8481/LAB/AIL/T/2020/1978, dated 21.12.2020.

For Petitioner : Mr.C.Vigneswaran For 1st Respondent : Mr.G.D.Jearany Government Advocate For 2nd Respondent : Mr.Manohar Gupta for M/s.Gupta and Ravi

O R D E R

The present Writ Petition has been filed to forbear the second 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 transferring or failing to provide employment without getting prior permission under Section 33 of Industrial Disputes Act, 1947, in the Industrial Dispute Pending before the first respondent in his proceedings No.8481/LAB/AIL/T/2020/1978, dated 21.12.2020.

2. Today when the matter is taken up for hearing, the learned counsel appearing on either side would submit that they are willing to participate in the conciliation proceedings and hence, a direction may be issued to the Conciliation Officer to conclude the proceedings as expeditiously as possible.

3. Considering the submissions made by the learned counsel appearing on either side, a direction is issued to the first respondent to conduct the conciliation proceedings on a day-to-day basis and submit a report to the Government within a period of three weeks from the date of receipt of a copy of this order.

The Writ Petition is disposed of with the above directions. There shall be no order as to costs. Consequent, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Asi To

1. The Secretary (Labour)-cum Labour Commissioner, Labour Department, Govt. of Puducherry, Puducherry.

2. The Managing Director, UCAL Fuel Systems Limited, A98-A100-A107, PIPDIC Industrial Estate, Mettupalayam, Puducherry - 605 009.

+1cc to Mr.C.Vigneswaran, Advocate, S.R.No.5036 +1cc to Mr.Gupta and Ravi, Advocate, S.R.No.4382 +1cc to the Government Pleader, S.R.No. 4496 W.P.No.641 of 2021 and W.M.P.Nos.706 and 708 of 2021 PA(CO) GN(18/02/2021)