The General Secretary v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.07.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.10288 & 10289 of 2016 and W.M.P.Nos.9113 & 9114 of 2016 and W.M.P.No.1977 of 2017 The General Secretary Greaves Cotton Thozhilalar Sangam (Petro Engine Unit) 40/456, Madavaram Highways Moolakadai Chennai - 600 060 ..Petitioner in both W.Ps vs 1.The Government of Tamil Nadu Rep.by its Chief Secretary, Secretariat, Fort St.George, Chennai - 600 009.

..1st Respondent in W.P.No.10288 of 2016 2.The Government of Tamilnadu, Rep.by its Secretary, Department of Labour and Employment, Secretariat, Fort St.George, Chennai - 600 009.

..2nd Respondent in W.P.10288/16 & 1st Respondent in W.P.10289/16 3.The Assistant Commissioner of Labour, O/o.The Commissioner of Labour, DMS Campus, Teynampet, Chennai - 600 006.

.. 3rd Respondent in W.P. 10288/16 & 2nd Respondent in W.P. 10289/16 4.The Management of Greaves Cotton Ltd., Petrol Engine Unit, No.F62,F63, SIPCOT Industrial Complex, Gummidipundi, Thiruvallur District.

..4th Respondent in W.P. 10288/16 & 3rd Respondent in W.P. 10289/16

Prayer in W.P.No.10288 of 2016: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 1 and 2 to take action as against the 4th respondent for illegal activities of removing the machineries from the respondent factory and further forbearing the 4th respondent from removing or transferring or shifting any machineries or closing down the factory of the respondent management without following the procedure contemplated under the Industrial Disputes Act.

Prayer in W.P.No.10289 of 2016: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order made in G.O.(D).No.32(Department of Labour and Employment (A2)) dated 19.01.2016 issued by the 1st respondent, quash the same and further directing the 1st respondent to refer the disputes for adjudication to the Tribunal or Labour Court as contemplated under Industrial Disputes Act, 1947. For Petitioner : Mr.A.Nagarathinam(in both W.Ps) For Respondents : M/s.A.Srijayanthi, Spl GP for R1 & R2 in WP. 10289/16 and for R1 to R3 in WP. 10288/16 Mr.K.R.Hariharan for R4 in WP. 10288/16 & For R3 in WP. 10289/16 C O M M O N O R D E R Based on the oral submissions made by the learned counsel appearing for the writ petitioner to withdraw both the writ petitions, this Court has granted permission to withdraw the writ petitions.

2.Accordingly, both the writ petitions stand dismissed as withdrawn. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar kak

To 1.The Chief Secretary to Government, Secretariat, Fort St.George, Chennai - 600 009.

2.The Secretary to Government, Department of Labour and Employment, Secretariat, Fort St.George, Chennai - 600 009.

3.The Assistant Commissioner of Labour, O/o.The Commissioner of Labour, DMS Campus, Teynampet, Chennai - 600 006.

+1cc to Government Pleader SR.No.46585 W.P.Nos.10288 & 10289 of 2016 VSNII(CO) GN(25/07/2018)