New Democratic Labour Front v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and M.P.No.1 of 2013 New Democratic Labour Front, Kamaz Vectra Motor Limited Branch, Rep. by its Secretary, Reg.No.24/KRI, L-416, ASTC Old HUDCO, Hosur - 635 109.
...Petitioner
-Vs1. The Government of Tamil Nadu, Rep. by its Secretary, Labour and Employment Department, Fort St. George, Chennai - 600 009.
2. The Labour Officer, Krishnagiri.
3. The Management, Kamaz Vectra Motor Ltd., No.7 & 8, SIPCOT, Hosur - 635 109.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbear the third respondent from altering the service conditions of the members of the petitioner union
whose names are given in the Annexure to the affidavit filed in support of the writ petition in any manner including discontinuance of service or transferring or failing to provide employment in any manner without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes raised by the petitioner which are pending conciliation before the second respondent as dispute No.Na.Ka.No. A/424/12/ (regarding not extending the wage increase as per the 12(3) Settlement to the junior Employees), dispute Na.Ka.No.A/622/12 (regarding discontinuance of two hours permission in a month), dispute Na.Ka.No.A/722/12 (regarding recovery from wages without giving adequate manpower agreed under the 12(3) settlement) and dispute Na.Ka.No.
A/723/2012 (regarding the illegal transfer orders) and further direct the second respondent to conciliate and effect settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act and in turn direct the first respondent to refer the dispute for adjudication before the competent Industrial Adjudicator. For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondents For R1 & R2 : Mr.K.H.Ravikumar Government Advocate For R3 : Mr.Sanjay Mohan For M/s.
ORDER
The writ petition has been filed to forbear the third respondent from altering the service conditions of the members of the
petitioner union in any manner including discontinuance of service or transferring or failing to provide employment in any manner without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes raised by the petitioner which are pending conciliation before the second respondent.
2.
Heard the learned counsel appearing on either side and perused the material placed before this Court. 3.
On perusal of the counter affidavit filed by the third respondent revealed that the Management had not altered the service conditions without complying Section 33 of the Industrial Dispute Act. Further out of 11 employees whose names are mentioned in the annexure, their suspension was revoked and they were paid all the benefits for their suspension period. Thereafter, they were retrenched along with other workmen as on 31.07.2015.
4.
Insofar as the disputes which were pending before the second respondent, they were ended in failure on 18.10.2013 itself.
Therefore, the same were referred for adjudication before the Labour Court, Salem, as follows:- Date of failure report Dispute No Dispute in regard to Date of reference I.D. Number Na.Ka.No.A/ 424/12 Wage increase as per the 12(3) Settlement to the junior Employees 18.10.2013 05.05.2014 I.D.No.60 of Na.Ka.No.A/ 622/12 Discontinuanc e of two hours permission in a month 18.10.2013 09.05.2014 I.D.No.62 of Na.Ka.No.A/ Recovery from wages without giving adequate manpower agreed under the 12(3) settlement 18.10.2013 09.05.2014 I.D.No.61 of 2014.
The case has been disposed in favour of the respondent.
722/12 Na.Ka.No.A/ Transfer orders of 5 operators 18.10.2013 26.06.2014 I.D.No.102 of 2014 723/2012 Na.Ka.No.A/ 875/2012 Engaging of fixed term employees 18.10.2013 09.05.2014 W.P.No.
16577 of Pending in the High Court, Chennai.
5.
Recording the above facts, the Writ Petition stands closed. Consequently, connected miscellaneous petition is also closed. There shall be no order as to cost.
23.08.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts To
1. The Secretary, Government of Tamil Nadu, Labour and Employment Department, Fort St. George, Chennai - 600 009.
2. The Labour Officer, Krishnagiri.
3. The Management, Kamaz Vectra Motor Ltd., No.7 & 8, SIPCOT, Hosur - 635 109.
G.K.ILANTHIRAIYAN. J, rts and M.P.No.1 of 2013 23.08.2023