The Pondicherry Power Corporation Employees v. The Under Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2025
CORAM
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Writ Petition No. 3001 of 2023 and WMP.No.3290 of 2023 The Puducherry Power Corporation Employee's Social Welfare Union, Regd. No.1665/RTU/2010 (Affiliated with AITUC-Puducherry State Council) Rep. by its Secretary Thiru. K. Lakshminarayanan, No.174, Gandhi Salai, T.R.Pattinam, Karaikal - 609 606.
... Petitioner Vs.
1. The Under Secretary to Government (Labour) Labour Department, Vazhudavoor Road, Subbiah Nagar, Gandhi Nagar, Puducherry - 605 009.
2. The Labour Officer, Labour Department Perunthalaivar Kamarajar Administrative Complex Madagadi, Karaikal - 609 602.
3. The Management, Puducherry Power Corporation Limited T.R.Pattinam, Nagore Main Road, Karaikal - 609 606.
.... Respondents Prayer: To issue a Writ, order or Direction in the nature of Writ of Certiorarified Mandamus or for any other appropriate writ, calling for records relating to Report No.432/LO-KKL/CON/2021/245, dated
10.03.2022 of the second respondent Labour Officer, Karaikal and subsequent order No.3424/AIL/LAB/T/2022/1329, dated 26.07.2022 passed by the first respondent Labour Department to confer the list of Office Bearers submitted by the petitioner Union as Protected Workman for the year, 2021-2022.
For Petitioner : M/s. Usha Ramman For Respondent : Mr. A.Tamilvanan, Additional Government Pleader
O R D E R
This writ petition was filed by a Trade Union seeking to challenge the order of the Labour Department of Puducherry in refusing to accept the names proposed by it to be recognized as protected workmen in terms of Section 33(3) of the Industrial Disputes Act, 1947.
2. The Trade Union's letter for recognizing the list of office bearers as protected workmen for the years 2021 - 2022 was not accepted by the management. Therefore, the union sent a complaint to the Regional Labour Officer, Karaikkal on 15.05.2021.
3. Since the request was not accepted, the Union is before this Court. Under Section 33 (3) of the Industrial Disputes Act, the safeguards given to
the protected workmen is set out. The Industrial Disputes Central Rules, 1957, more particularly Rule 61 deals with the procedure for recognizing a protected workman. Rule 61 (4) deals with the resolution of dispute in this regard. However, the status of protected workmen to be rendered only for one year and each year fresh application has to be made by the union failing which the matter will have to be taken to the labour department.
4. In this case, the rejection was made in the year 2022, and the recognition for protected workmen was sought for one year i.e. 2021-2022. More than 2 years have lapsed and the matter has become infructuous. This court do not adjudicate on disputes which no longer survives or on academic issues. Hence W.P.No. 3001 of 2023 will stand dismissed. No costs. Consequently, connected miscellaneous petition is closed. It is made clear that the dismissal of the W.P. will not prevent the Petitioner Union from applying for protective workmen status for its office-bearers and any dispute arising thereof shall be decided purely on its own merits and the dismissal shall not be taken into account.
13.02.2025 Neutral Case Citation: Yes/No Index:Yes/No Internet: Yes/No
av DR. A.D.MARIA CLETE, J.
av To
1. The Under Secretary to Government (Labour) Labour Department, Vazhudavoor Road, Subbiah Nagar, Gandhi Nagar, Puducherry - 605 009.
2. The Labour Officer, Labour Department Perunthalaivar Kamarajar Administrative Complex Madagadi, Karaikal - 609 602.
3. The Management, Puducherry Power Corporation Limited T.R.Pattinam, Nagore Main Road, Karaikal - 609 606.
Writ Petition No. 3001 of 2023 and WMP.No.3290 of 2023 13.02.2025
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