Kovai Mavatta Param Thookum v. Conciliation Officer Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.1 of 2008 Kovai Mavatta Param Thookum Thozhilar Munnetra Sangam Regd No. 557 (Affiliated to Labour Progressive Federation Registration No. 374) Having Office at 16/33, Theppakulam Street, Coimbatore - 641 001.

Rep. by its President, Mr.A.Mohammed ... Petitioner Vs 1.

Conciliation Officer cum Assistant Labour Commissioner (Central) Chennai.

Sasthri Bhavan, Haddows Road, Chennai.

2.

The Management of Coimbatore, Coimbatore, North & Irugur Goodsheds of Souther Rly clearing & Forwarding Agent Association, Rep. by its President Mr.S.Bharathan, Regd No. 221/73, 26 a, S.N. Das Layout, 1/7

Tatabad, Coimbatore - 641 012.

3.

Central Trade Union Congress of India, Rep. by its Secretary, T.Senthilraj 13/12, Ramu Nagar, 4.

Anna Tholirsanga Peravai, Rep. by its President, K.Parthiban, S/o. Anndal Karruppannan, 9/5, Jinning Factory Road, 5.

Liberation Labour Front, Rep. by its President, Mailsamy, Madurai Veeran Kovil Street, Sangam Maithanam West, Ondipudur, Coimbatore.

6.

All India Trade Union Congress, Rep. by its Secretary, M.Murugan, C/o. T.Senthilraj 13/12, Ramu Nagar, 7.

Labour Progressive Federation, Rep. by its President, G.Kathirvel S/o. Ganapathy, 13/12, Ramu Nagar, 2/7

8.

Marumalarchi Labour Front, Rep. by its President, E.K.Chandrasekaran 10/11, D.S.K.Street, 9.

Desia Murpokku Dravida Kalagam, Rep. by its President, Paramasivam, 9/13, Irugur to Onedipudur Road, 10.

Indian National Trade Union, Congress Rep. by its President, Sivaraj, No. 9, Poosare Planimalai Devar Street, 11.

Bharathia National Trade Union Congress, Rep. by its President, Muruganandam, No. 9, Anndiyanna Devar Street, Angalamman Kovil Maithanam, Irugur, Coimbatore - 641 103.

12.

Pattali Makkal Katchi, Rep. by its President, Senthil Kumara Pandian, S/o. Muthukumarasamy, 16/21, Pajanai Kovil Street, Irungur, Coimbatore - 641103.

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13.

Central Trade Union Congress, Liberation Labour Front, Anna Tholirsanga Peravai, A.G.Pudur, Rep. by Kannaiyan, Marudachalam, Velusamy C/o. T.Senthilraj, 13/12, Ramu Nagar, Irugur to A.G.Pudhur Road, 14.

Kamatchipuram, Manickam, C/o. T.Senthilraj 13/12, Ramu Nagar, Irugur to A.G.Pudur Road.

15.

Ravathur C/o. T.Senthilraj, 13/12, Ramu Nagar, 16.

Women Self Help Group, Rep. by President, Geetha Devi, W/o. Aruchamy, No. 13/21, Ramnu Nagar, Irugur to A.G.Pudhur Road, Irugur, Coimbatore - 641 103.

17.

Irugur Lorry Urimyyalargal & Railway Goods Movers Association, Rep. by its President D.Govindaraj, 9/53 Indra Nagar, Irugur Onedipudur Road, Coimbatore - 641 103. (R17- impleaded as per Court order dated 04.09.2008 in M.P.No. 2 of 2008 in W.P.No. 1708 of 2008 ) ... Respondents 4/7

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Declaration, declaring that the impugned settlement dated 03.07.2008, made between the respondents 2 to 16 in the course of conciliation proceedings initiated by the first respondent, as illegal and violative of Section 12(3) of the ID Act, 1947. For Petitioner : Mr.K.V.Shanmuganathan For R1 : Mr.C.Samivel, SPCGSC For R2 : Mr.S.Sivakumar For R3, 4, 8 & 9 : Mr. K.Elango For R17 : Mr. A.Sivaji

ORDER

When the matter was taken up for hearing, the learned counsel for the petitioner submits that this writ petition is challenging the settlement dated 03.07.2008 and in view of the efflux of time, since the period covered by the settlement itself is over, nothing survives in this writ petition and submits that the matter can be disposed of having become infructuous.

2. Recording the above said submission, the writ petition is dismissed as having become infructuous. Consequently, connected miscellaneous petition is closed. No cost.

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To 1.

Conciliation Officer cum Assistant Labour Commissioner (Central) Chennai. Sasthri Bhavan, Haddows Road, Chennai.

2.

The Management of Coimbatore, Coimbatore, North & Irugur Goodsheds of Souther Rly clearing & Forwarding Agent Association, Rep. by its President Mr.S.Bharathan, Regd No. 221/73,26 a, S.N. Das Layout, Tatabad, Coimbatore - 641 012.

3.

The Secretary, Central Trade Union Congress of India, T.Senthilraj, 13/12, Ramu Nagar, 4.

The Secretary, All India Trade Union Congress, M.Murugan, C/o. T.Senthilraj 13/12, Ramu Nagar, Irugur, to A.G.Pudhur Road, 5.

The President, Indian National Trade Union Congress No. 9, Poosare Planimalai Devar Street, 6.

The President, Bharathia National Trade Union Congress, Muruganandam, No. 9, Anndiyanna Devar Street, Angalamman Kovil Maithanam, Irugur, Coimbatore - 641 103.

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D.BHARATHA CHAKRAVARTHY, J.

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