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Madras High CourtWMP/5256/2018ordered

Asian Bearing Workers Union, v. The Presiding Officer,

2018-04-06Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Sixth day of April Two Thousand Eighteen PRESENT THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM WMP Nos.5256 & 5257 of 2018 in WP No.25463 of 2017 ASIAN BEARING WORKERS UNION, [ PETITIONER IN BOTH THE REP. BY ITS GENERAL SECRETARY, PETITIONS] NO.3/124-3, S.R.BUILDING, TEACHERS COLONY, SOODAPURAM, BELATHUR POST, HOSUR TALUK 635 124 Vs 1 THE PRESIDING OFFICER, [ RESPONDENTS IN BOTH the INDUSTRIAL TRIBUNAL, PETITIONS ] CHENNAI 600 104 2 THE MANAGEMENT OF ASIAN BEARINGS LIMITED, BERIGAL ROAD, BELATHUR, HOSUR TALUK, KRISHNAGIRI DISTRICT - 635 124.

3 GENERAL SECRETRY, DHARMAPURI MOVATTA PORIEYALARGAL THOZHILALAR MUNNETRA SANGAM, L 271, NEW A.S.T.CHUTCO, AVVAI NAGAR, HOSUR 635 101 4 ASIAN BEARING EMPLOYEES UNION, D.NO.2/603, SRI RAGAVENDRA NILAYAM, RAJIV NAGAR, PAGALUR CIRCLE, HOSUR-635 124.

5 GENERAL SECRETARY, ASIAN BEARING LTD, PATTALI THOZHIL SANGAM, D.NO.2/609/7, GOWRAMMA ILLAM, PAGALUR CIRCLE, RAJIV NAGAR, BELATHUR, HOSUR 635 109.

6 GENERAL SECRETARY, DHARMAPURI MAVATTA ANNA ENGINEERING THOZHIL SANGAM, D.NO.1, NAMMALPET, HOSUR, DHARMAPURI DISTRICT.

7 SECRETARY, ASIAN BEARING STAFF & EMPLOYEES UNION, D.NO.3/98, DILIPAN NILAYAM, PERIAYAR NAGAR, SUDAPURAM, BELATHUR, HOSUR 635 124

8 SECRETARY, KUTTU NADAVADIKAL KUZHU, L.271, NEW ASTC HUDCO, AVVAI NAGAR, HOSUR 635 109 Petitions praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased (1)to pass an order of an Ad-Interim Injunction restraining the Second Respondent / Management, their men, agents, servants or any one on behalf of them from alienating or encumbering the properties mentioned in the schedule hereunder, (in WMP.5256/2018) and XEROX COPY OF SCHEDULE OF PROPERTY IS ATTACHED(in WMP.5256/2018) (2)pass an order of Interim Direction, directing the Second Respondent / Management to deposit a sum of Rs.19,92,28,775.61 (Rupees Nineteen Crores Ninety Two Lakhs and Twenty-Eight Thousand Seven Hundred and Paise Sixty-one only) before the First Respondent Tribunal towards back wages payable to the members of the Petitioner Union.(in WMP.5257/2018) respectively pending WP.No.25463 of 2017.

Order :These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.CHANDRASEKAR.P., Advocate for the petitioner in both the petitions and of MR.M.R.RAGHAVAN Advocate for the 2nd respondent and of MR.S.AYYADURAI Advocate for the 8th respondent the court made the following order:- The learned counsel appearing for the petitioner brought to the notice of this Court that the property belongs to the Management under attachment by the Statutory authorities. In view of this no consideration is required in respect of the miscellaneous petitions filed for injunction and direction. Accordingly, both the petitions are closed.

Registry is directed to list the Writ Petition for final disposal during the first week of June, 2018. -sd/- 06/04/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, CHENNAI 600 104 C.C. to M/S.CHANDRASEKAR.P. Advocate on payment of necessary charges Order in WMP.5256 & 5257/2018 in WP.25463/2017 Date :06/04/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 10.04.2018