Sodecia India Thozhilalar Sangam v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ W.P.No.2955 of 2021 and W.M.P.No.3319 of 2021 Sodecia India Thozhilalar Sangam, Reg.No.224/KPM, Rep. by its General Secretary, No.133, Gangai Amman Kovil Street, Tabalmedu, Pukkathurai Post, Padalam Via, Kancheepuram - 603 308.
... Petitioner Vs.
1. The Government of India, Rep. by its Secretary, Department of Labour and Employment, Fort St.George, Chennai - 600 009.
2. The Deputy Commissioner of Labour (Conciliation-1), SIPCOT Office Complex, Irungatukottai, Sriperumbudur, Kancheepuram.
3. The Management of Sodecia India Private Limited, Rep. by its Managing Director, Tapalmedu, Pukkathurai, Mathuranthangam, Kancheepuram - 603 308.
4. Mr.D.Baskar Enquiry Officer, C/o. The Management of Sodecia India Private Limited, Rep. by its Managing Director, Tapalmedu, Pukkathurai, Mathuranthangam, Kancheepuram - 603 308.
5. Mr.K.S.Karthikeyan C/o. The Management of Sodecia India Private Limited, Rep. by its Managing Director, Tapalmedu, Pukkathurai, Mathuranthangam, Kancheepuram - 603 308. ... Respondents
PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent Government to pass orders with regard to the industrial dispute covered by the conciliation failure report dated 11.12.2020 being reference Na.Ka.No.185/2020 under Section 10(1) of the Industrial Disputes Act expeditiously and within such time as stipulated by this Court.
For Petitioner : Mr.K.Sudalai Kanna for M/s.S.R.Bubala Chandran For Respondent Nos.1 & 2 : Mr.B.Anand Government Advocate For Respondent No.3 : M/s.Srinath Sridevan - - - - -
O R D E R
The grievance of the petitioner is that pursuant to the failure report in conciliation dated 11.12.2020, the Government has not passed any order. Therefore, he seeks a direction to the first respondent to pass orders with regard to the industrial dispute reference Na.Ka.No.185/2020 under Section 10(1) of the Industrial Disputes Act, 1947, as expeditiously.
2. The learned counsel appearing for respondent No.3 would submit that they have no objection for such an order being passed within a stipulated time.
3. The learned Government Advocate appearing for respondent Nos. 1 and 2 seeks some more time limit, so that, orders can be passed.
4. Considering the facts and circumstances of the case, the first respondent is directed to pass orders with regard to reference Na.Ka.No.185/2020, dated 11.12.2020, within a period of four (4) weeks from the date of receipt of a copy of this order.
With the above direction, the Writ Petition is allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar
asi To
1. The Secretary, Department of Labour and Employment, Fort St.George, Chennai - 600 009.
2. The Deputy Commissioner of Labour (Conciliation-1), SIPCOT Office Complex, Irungatukottai, Sriperumbudur, Kancheepuram.
3. The Management of Sodecia India Private Limited, Rep. by its Managing Director, Tapalmedu, Pukkathurai, Mathuranthangam, Kancheepuram - 603 308.
+1cc to Mr.Srinath Sridevan, Advocate SR.12680 +1cc to Mr.SR.Bubala Chandran, Advocate SR.12879 +1cc to the Government Pleader SR.12759 W.P.No.2955 of 2021 and W.M.P.No.3319 of 2021 PL(CO) CB(18/03/2021)