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Madras High CourtWP/16645/2016withdrawn dismissed

Engineering Electronic & v. Government Of Tamil Nadu

2022-06-20Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM

THE HON'BLE MR.JUSTICE P.D. AUDIKESAVALU W.P.NO.16645 OF 2016 Engineering Electronic & General Workers Union Represented by its General Secretary V.P.C. Illam, Plot No. 291 Burma Colony, IV Main Road Perungudi, Chennai - 600 096.

...Petitioner

Vs 1.Government of Tamilnadu Rep. by its Secretary Labour and Employment Department Fort St. George, Chennai - 600 009.

2.The Management of Rambal Limited No.15, Plot No.38, Seshadhripuram First Cross Street, Baby Nagar Velacharry, Chennai - 600 042.

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order dated 29.10.2015 passed by the First Respondent in G.O.(D) No. 578, Labour and Employment Department, quash the same and consequently direct the First Respondent to refer forthwith the dispute with regard to the retrenchment of 34 workers made with effect from 04.12.2012 and also the dispute seeking prohibition of the continuance of the illegal retrenchment of 34 workers under Section 10-B of the I.D. Act to the Labour Court /Tribunal, within a specified time limit and also direct the Labour Court/Tribunal to decide the disputes within a stipulated time, award costs.

For Petitioner :

Mr.V.Ajoy Khose For Respondents :

Mr.C.K.Chandrasekar (For R2) Mr.V.Jeevagiridharan (For R1)

O R D E R

Heard Mr. V.Ajoy Khose, Learned Counsel for the Petitioner, Mr. C.K.Chandrasekar, Learned Counsel for the Second Respondent and Mr. V.Jeevagiridharan, Learned Counsel for the First https://hcservices.ecourts.gov.in/hcservices/

Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2. This Writ Petition has been filed challenging the Order in G.O.(D) No. 578, Labour and Employment Department, dated 29.10.2015 passed by the First Respondent with a consequential direction to the First Respondent to refer the dispute with regard to the retrenchment of 34 workers made with effect from 04.12.2012 and also the dispute seeking prohibition of the continuance of the illegal retrenchment of 34 workers under Section 10(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' for short) to the Labour Court/Tribunal, within the specified time limit and also direct the Labour Court to decide the disputes within a stipulated time and award costs.

3. Learned Counsel for the Petitioner, on instructions, states that the concerned workmen have entered into settlement with the Second Respondent after the filing of the Writ Petition. He has also made an endorsement to that effect in the court record. In view of the same, nothing remains for further consideration in the Writ Petition.

4. In fine, the Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar Maya To 1.The Secretary Labour and Employment Department Fort St. George, Chennai - 600 009.

2.The Management of Rambal Limited No.15, Plot No.38, Seshadhripuram First Cross Street, Baby Nagar Velacharry, Chennai - 600 042.

+1cc to Mr.C.K.Chandrasekar, Advocate Sr.No.36988 +1cc to the Government Pleader Sr.No.37614 (27/06/2022) W.P.No.16645 of 2016 MG(CO) RVM(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/