New Democratic Labour Front v. Assistant Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.18097 of 2012 & M.P.No.1 of 2012 New Democratic Labour Front, Sai Mirra Innopharm Private Limited Branch, Rep. by its Secretary, Regn. No.43/TVR, 110/63, N.S.K.Salai, Kodambakkam, Chennai - 600 024.

... Petitioner Vs.

1. Assistant Commissioner of Labour, (Conciliation) II Kuralagam,Chennai - 600 108.

2. Management of Sai Mirra Innopharm Private Limited, Rep. by its Managing Director, No.288 & 299, SIDCO Estate, Ambatur,Chennai - 600 098.

3. Ambattur Industrial Estate Engineering Employees Union, Rep. by its General Secretary, No.8, Ramachandra Street, Venkatapuram, Ambattur O.T, Chennai - 600 053.

4. Democratic Labour Union, Rep. by its General Secretary, No.5 A, Logaya Naidu Street, Mannurpettai, Padi, Chennai - 600 050.

5. Labour Liberation Front, Rep. by its General Secretary, No.52/36, Bajanai Koil Street, Mangalpuram, Ambattur,Chennai - 600 098.

... Respondents https://hcservices.ecourts.gov.in/hcservices/

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the 1st Respondent from entering into any settlement under Section 12(3) of the Industrial Disputes Act,1947 with the 2nd Respondent Management without calling the Unions viz., Petitioner and Respondent No.3 to 5 for conciliation and without negotiating with the petitioner Union.

For Petitioner : Ms.S.Devi, for Mr.Balan Haridas For R1 : Mrs.V.Yamuna Devi, Special Government Pleader For R2 : Mr.R.Jayaprakash

ORDER

It is represented by the learned counsel for the petitioner and the learned counsel for the second respondent that the matter has been settled in terms of Section 12(3) of the Industrial Disputes Act, 1947 and a memo to that effect has been filed. Therefore, it is prayed that the same may be recorded and the Writ Petition may be closed.

2.In view of the above submissions made by the learned counsel for the petitioner and the respondent, the memo of settlement is recorded and accordingly, the Writ Petition is closed. No costs. Consequently, the connected miscellaneous petition is closed.

(*)Herein enclosed the xerox copy of the Memo of Settlement Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Tsg To Assistant Commissioner of Labour, (Conciliation) II Kuralagam, Chennai - 600 108.

+1cc to the Government Pleader, S.R.No.21775 W.P. No.18097 of 2012 PMK[co] NSK 12/04/2022 https://hcservices.ecourts.gov.in/hcservices/