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Madras High CourtWP/18215/2010withdrawn dismissed

Tasmac Uzhiyar Manila v. State Of Tamilnadu

2019-09-10Honourable Mr Justice S.M. Subramaniam2 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10.09.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.18215 of 2010 and M.P.No.1 of 2010 TASMAC Uzhiyar Manila Sammelanam No.27, Mosque Street, Chepauk, Chennai - 600 005 ..Petitioner vs 1.State of Tamil Nadu rep.by its Secretary to Government, Department of Labour and Employment, Secretariat, Fort St.George, Chennai - 600 009 2.Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006 3.Managing Director, Tamil Nadu State Marketing Corporation (TASMAC) Floor No.4, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008 ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to initiate conciliation proceedings under section 12 of the Industrial Disputes Act, 1947 in respect of the strike notice issued on 26.7.

2010 by the petitioner proposing to go on strike on 11.8.2010 or any day thereafter in respect of the charter of demands relating to wages, dearness allowance, special allowances, job permanency, 8 hours of duties, weekly off and national festival holidays, incentives etc and in case of failure of conciliation to refer the dispute for adjudication under section 10(1) of the Industrial Disputes Act, 1947 and in the meantime not to dismiss any of the worker for merely going on strike and not to recruit workmen during the strike period as it would otherwise amounts to unfair labour practice under item 12 of the Vth Schedule of the Industrial Disputes Act, 1947 and thus render justice.

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For Petitioner : Mr.V.Stalin For M/s.Row and Reddy For Respondents : Mr.N.Sakthivel Additional Government Pleader for R1 & R2 R3 - No appearance

O R D E R

The learned counsel for the writ petitioner seeks permission of this Court to withdraw the writ petition and this Court has granted permission to withdraw the writ petition. The learned counsel for the writ petitioner has also made an endorsement to that effect.

2.Recording the same, the writ petition stands dismissed as withdrawn. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. -s/d- Assistant Registrar(CSIV) True Copy Sub-Assistant Registrar To 1.The Secretary to Government, Department of Labour and Employment, Secretariat, Fort St.George, Chennai - 600 009 2.Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006 3.Managing Director, Tamil Nadu State Marketing Corporation (TASMAC) Floor No.4, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008 W.P.No.18215 of 2010 rgn(co) aa16/10/2019 https://hcservices.ecourts.gov.in/hcservices/