Indian Furniture Product Limited Thozhilalar Sangam, v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.1341 of 2025 Indian Furniture Product Limited Thozhilalar Sangam, (Affiliated to CITU) Rep by its General Secretary, Registration No.203/TVR, No.17, Venmani Illam, Salai Road, Annamalai Nagar, Thiruvallur 602 001.
... Petitioner Vs.
1.The Government of Tamil Nadu Rep by its Additional Chief Secretary, Department of Labour Welfare and Skill Development, Fort.St. George, Chennai 600 009.
2.The Deputy Commissioner of Labour -II, (Conciliation) Kuralagam, Chennai -600 001.
3.The Management Forte Furniture Products India Pvt Ltd., G-106, SIDCO Industrial Estate, Kakkalur, Thiruvallur -602 003.
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4.The Management, Indian Furniture Products Limited, G-106, SIDCO Industrial Estate, Kakkalur, Thiruvallur -602 003.
5.The Management Zurai Industries Limited, 5th Floor Tower A, Global Business Park, M.G. Road, Sector -26, Gurugram -122 002.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, a) directing the Respondents 1 and 2 to initiate criminal action against the Respondents 3-5 and their officials under Sections 25-Q, 25-R, 30A, 31(1) and 31(2) of the ID Act for violating Sections 33(1)(a), 25FFA, 25FFF, 25O and 25N of the ID Act, by granting permission and sanction under Section 34 of the ID Act within a specified time frame as may be fixed by this Honble Court, b)directing the Respondents 3-5 from closing down its business and their factory from selling, alienating, creating any encumbrance over any of the movable and immovable properties and from removing and shifting any of the plant and machineries, finished goods, raw materials, scraps in any manner, without issuing notice under Section 25FFA of the ID Act and without getting prior permission in writing from the 2nd Respondent under Section 33(1)(a) of the ID Act from the 2nd Respondent and without getting permission from the 1st Respondent under Section 25O and 25N of the ID Act and to pay 2/7
full wages for the lay off period and to reinstate all the members of our union numbering 63 with continuity of service, back wages and all other attendant benefits, award costs, c) directing the 2nd Respondent to conclude the conciliation proceedings in Na. Ka. No. A/288/2024 dated 30.05.2024 on the dispute raised by the petitioner union against the illegal lay off either by persuading the parties to enter into a settlement or to submit a failure report to the 1st Respondent and the 1st Respondent to refer the said dispute to the competent Labour Court/Tribunal within a specified time frame as may be fixed by this Honble Court. For Petitioner : M/s.Porkodi For Respondents :
(for R1 & R2) : M/s.M.Murali, Govt. Advocate (for R3) : M/s.S.Ravi, Senior Counsel for Mr.T.Ravichandran (for R4) : M/s.S.Sai Prasad for M/s.Sai Raaj Associates.
(for R5) : M/s.Preethikaa
O R D E R
This Writ Petition has been filed for the following reliefs:- a) directing the Respondents 1 and 2 to initiate criminal action against the Respondents 3-5 and their officials under Sections 25-Q, 25-R, 30A, 31(1) and 31(2) 3/7
of the ID Act for violating Sections 33(1)(a), 25FFA, 25FFF, 25O and 25N of the ID Act, by granting permission and sanction under Section 34 of the ID Act within a specified time frame as may be fixed by this Honble Court, b)directing the Respondents 3-5 from closing down its business and their factory from selling, alienating, creating any encumbrance over any of the movable and immovable properties and from removing and shifting any of the plant and machineries, finished goods, raw materials, scraps in any manner, without issuing notice under Section 25FFA of the ID Act and without getting prior permission in writing from the 2nd Respondent under Section 33(1)(a) of the ID Act from the 2nd Respondent and without getting permission from the 1st Respondent under Section 25O and 25N of the ID Act and to pay full wages for the lay off period and to reinstate all the members of our union numbering 63 with continuity of service, back wages and all other attendant benefits, award costs and 4/7
c) directing the 2nd Respondent to conclude the conciliation proceedings in Na. Ka. No. A/288/2024 dated 30.05.2024 on the dispute raised by the petitioner union against the illegal lay off either by persuading the parties to enter into a settlement or to submit a failure report to the 1st Respondent and the 1st Respondent to refer the said dispute to the competent Labour Court/Tribunal within a specified time frame as may be fixed by this Honble Court.
2. Though the above writ petition is filed for the above-mentioned 3 reliefs, the learned counsel for the petitioner would submit that she is restricting her writ petition to relief (c) and is giving up her claim with reference to reliefs (a) and (b) seeking liberty to file a fresh writ petition.
3. The learned counsel for the 3rd respondent who is the contesting respondent and against whom the conciliation proceedings have been initiated is agreeable to a mandamus being issued to the 2nd respondent to conclude the conciliation proceedings.
4. Therefore, with the consent of the contesting parties, the Writ Petition is partly allowed only with reference to relief (c). The 2nd 5/7
Respondent is directed to conclude the conciliation proceedings in Na.Ka.No.A/288/2024 dated 30.05.2024 on the dispute raised by the petitioner union against the illegal lay off within a period of 3 weeks from the date of receipt of a copy of this order. In case a failure report is submitted to the 1st respondent, the 1st respondent shall proceed to pass orders within a period of 2 months thereafter. The petitioner is at liberty to agitate reliefs (a) and (b) in a separate Writ Petition. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
15.07.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Government of Tamil Nadu Rep by its Additional Chief Secretary, Department of Labour Welfare and Skill Development, Fort.St. George, Chennai 600 009.
2.The Deputy Commissioner of Labour -II, (Conciliation) Kuralagam, Chennai -600 001.
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P.T. ASHA . J., (shr) and W.M.P.No.1341 of 2025 15.07.2025 7/7