United Labour Federation v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.NO.34748 OF 2004 United Labour Federation (Regn.No.2657/CNI), Rep. by its General Secretary, No.149, Thambu Chetty Street, IV Floor, C.J. Complex, Chennai - 600 001.

...Petitioner

-Vs1. The Government of Tamil Nadu, Rep. by its Secretary, Department of Labour & Employment, Fort St. George, Chennai - 600 009.

2. The Chief Inspector of Factories, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Deputy Chief Inspector of Factories, Gokulam Road, Fairlands, Salem - 636 016.

4. The Management of Reckitt Benckiser (India) Ltd., Rep. by its Factory Manager, 176, SIPCOT Industrial Complex, Hosur - 635 126.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action against the 4th respondents with regard to provisions relating to Chapter IV-A of the Factories Act, 1948.

For Petitioner : Mr.P.Chandrasekaran For R1 to R3 : Mr.C.Selvaraj, Additional Government Pleader For R4 : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

ORDER

With the consent of both the parties, this writ petition is taken up for final disposal.

2. Complaining of violation of certain provisions of the Factories Act, the petitioner had filed the present writ petition, seeking for a direction to the respondents 1 to 3 to take action against the fourth respondent-management.

3. The learned counsel for the petitioner submitted that the cause of action that arose in the year 2004 does not survive as on date.

4. In view of the submission made by the learned counsel for the petitioner, no effective orders can be passed in the prayer sought for in the present writ petition. Accordingly, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar hvk To

1. The Secretary to Home Department, Department of Labour & Employment, Fort St. George, Chennai - 600 009.

2. The Chief Inspector of Factories, Ezhilagam, Chepauk, Chennai - 600 005.

3. The Deputy Chief Inspector of Factories, Gokulam Road, Fairlands, Salem - 636 016.

+1cc to M/s.T.S.Gopalan & Co, Advocate, S.R.No.15251 +1cc to the Government Pleader, S.R.No.15914 W.P.No.34748 of 2004 RSV(CO) PM/18/03/2022