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Madras High CourtWP/38958/2005closed

Hydromat Workers Union v. L And E

2022-07-11Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Hydromat Workers Union, (affiliated to CITU) (Reg.No.184/ KPM), Represented by its General Secretary, No.5/2, Maghendran Pallavan Street, Mamallan Nagar, Kancheepuram, Kancheepuram District, Pin: 631 502. ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Labour & Employment Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006.

3.Hydromat (India) Ltd., Represented by its Managing Directionu8, Vedal Village, Rajakulam Post, Kancheepuram, Kancheepuram District.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records relating to the Order No.44635/J1/2002-1 dated 02.01.2003 of the 1st respondent as published in the Tamil Nadu Government Gazette dated 29.01.2003 and quash the same.

For Petitioner :

No appearance For Respondents : Mr.G.Nanmaran for R1 & R2 Special Government Pleader : Mr.Balan Haridass for R3

ORDER

When the matter was taken up for hearing, the learned counsel appearing for the Writ Petitioner submitted that he had filed an affidavit dated 07.07.2022 before the Registry stating that he is unable to contact the petitioner to receive instructions. Para 2 of the above said affidavit is extracted hereunder:- " I submit, since the President of the petitioner Union had asked me not to appear in the above matter, I sent a change of Vakalath to the petitioner Union's last known address on 13.06.2022 along with a letter informing that the case is listed for final hearing before Page No.2 of 5

the Hon'ble Court. But the same was returned with an endorsement as "no such person". Thereafter, on 27.06.2022, I sent a letter to the President of the Petitioner Union. The same was received by him on 29.06.2022. However, there was no reply from him to my letter."

2.The grievance of the petitioner is that the Minimum Wages Act, 1948 has to be covered for Chemical Industry also. 3.Now the learned Special Government Pleader appearing for the respondents 1 & 2 has submitted that two separate G.Os. The G.O. bearing reference G.O.(2D)No:87 dated 21.11.2019 for Chemical Industry and another G.O. bearing reference G.O.(2D0 No:43 for Chemical Fertilizer Industry.

4.In view of the above submission made by the learned Special Government Pleader appearing for the respondents 1 & 2, nothing survives for further adjudication in this Writ Petition. Therefore, this Writ Petition is closed. No costs.

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11.07.2022 Index: Yes/No Internet: Yes/No gba To 1.The Secretary, Labour & Employment Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Labour, DMS Compound, Teynampet, Chennai - 600 006.

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J.SATHYA NARAYANA PRASAD, J.

gba 11.07.2022 Page No.5 of 5