The Management Of Southern v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On 17.03.2020 Pronounced On 19.05.2020
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.30687 of 2004 and W.M.P.No.37173 of 2004 The Management of Southern Iron and Steel Company Ltd. (SISCOL) Pottaneri Mecheri 636 453 Salem District represented by its Company Secretary & GM (F&A).
... Petitioner Vs.
1.The State of Tamil Nadu rep. by the The Secretary to Government Department of Labour and Employment Fort St. George, Chennai 600 009.
2.The Presiding Officer, Industrial Tribunal, Chennai 600 104.
3.SISCOL Contract Employees Union 4 Road Kullamudayanur Post, Mettur Taluk, Salem District.
4.Metropolitan Equipments & Consultants Pvt. Ltd. C/o Southern Iron and Steel Company Ltd.
Pottaneri, Mecheri 636 453, Salem District.
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5.Sami Constructions C/o Southern Iron and Steel Company Ltd.
Pottaneri, Mecheri 636 453, Salem District, rep. by its Proprietor S Manivel.
6.K.C.Rajendran, C/o Southern Iron and Steel Company Ltd., Pottaneri, Mecheri 636 453, Salem District.
7.Dynamic Contractors C/o Southern Iron and Steel Company Ltd., Pottaneri, Mecheri 636 453, Salem District rep. by its Proprietor, S Elango.
8.Sunflag Engineering C/o Southern Iron and Steel Company Ltd., Pottaneri, Mecheri 636 453, Salem District rep. by its Proprietor, K Rathinam.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the first respondent leading to the issue of GO(D) 813 dated 15.07.2004 and quash the said order of reference. For Petitioner : Mr.S.Haroon Al Rasheed for M/s. T.S.Gopalan & Co.
For R1 : Mr.N.Inbanathan, A.G.P.
R2 : Tribunal For R3 to R8 : No appearance
O R D E R
Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the 1st respondent. There is no representation on behalf of the 2nd to 8th respondent.
2. In this Writ Petition, the petitioner has challenged the impugned order of reference dated 15.07.2004, issued by the 1st respondent Department of Labour and Employment, in bearing reference G.O.(D).No.813.
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3. It appears that there are disputes between the 3rd respondent and the contesting respondents, i.e., 4th to 8th respondents. The 1st respondent has issued the impugned order of reference, to resolve the dispute before Industrial Tribunal.
4. The learned counsel for the petitioner submits that it is a private dispute between the 3rd respondent and the contesting 4th to 8th respondents and therefore, the petitioner has been unnecessarily arrayed in this reference. He also submits that the issue may be left open to be decided by the Industrial Tribunal whether the petitioner should be impleaded or not.
5. I find the submission of the learned counsel for the petitioner reasonable. Recording the above submission, this Writ Petition stands disposed. No cost. Consequently, connected Miscellaneous Petition is closed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar jen To 1.The Secretary to Government Department of Labour and Employment The State of Tamil NaduFort St. George, Chennai 600 009.
2.The Presiding Officer, Industrial Tribunal, Chennai 600 104.
+1 cc to Mr.T.S.Gopalan & Co Advocate sr23459 +1 cc to the Government Pleader sr24091 W.P.No.30687 of 2004 and W.M.P.No.37173 of 2004 rp(co) aa29/07/2020 Page No 3 of 3