The Management, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :22.11.2019 Coram THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No. 25484 of 2012 and M.P.No.1 of 2012 The Management, M/s. Hydromet (India) Ltd., Vedal Village, Rajakulam Post, Kancheepuram District, Represented by its Director, A.S.Sivasundar.
...
Petitioner vs.
1. The Secretary, Government of Tamil Nadu, Labour & Employment Department, Fort St. George, Chennai - 600 009.
2. The General Secretary, Hydromet Employees Union, 5/2, Mahendran Pallavan Street, Mangalam Nagar, Kancheepuram - 631 504.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records connected with the order of reference made in G.O.D.No.286 of 27/06/12 by the 1st respondent, Secretary, Government of Tamil Nadu, Labour & Employment Department, Fort St. George, Chennai 600 009 and quash the same. For Petitioner : Mr.A.Venkatesh Kumar for M/s.Gupta and Ravi For Respondents : Mr.J.Ramesh Additional Govt. Pleader [R1] Mr.Ram Siddhartha for M/s. Row & Reddy [R2]
ORDER
The order passed by the first respondent in G.O.(D).No.286 dated 27.06.2012 is under challenge in the present writ petition.
2. The writ petitioner is the Management Hydromet (Inida) Limited. The order impugned is the order of reference passed by the Government to adjudicate the claims set out in the order impugned. The learned counsel appearing on behalf of the writ petitioner made a submission that already the dispute was raised with reference to the claims. Accordingly, a dispute was raised based on the Government order issued in G.O.(D).No.418 -Labour and Employment Department dated 13.07.2009. However, the fact remains that the reference made is already converted as dispute and the dispute is in the process of adjudication.
3. This being the factum, all the pleadings made in the writ petition by the respective parties shall be placed before the authorities concerned for the purpose of adjudicating the issues. One submission is made that their reference is a repetition. Even in such case, the documents or evidences can be produced by the respective parties before the authorities with reference to the claims already adjudicated.
4. However, the fact remains that an Industrial Dispute is raised and therefore, the grounds raised in the present writ petition challenging the order of reference deserves no consideration.
Thus, the writ petition stands dismissed. No costs. Connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
mp To The Secretary, Government of Tamil Nadu, Labour & Employment Department, Fort St. George, Chennai - 600 009.
+1cc to M/s.Gupta & Ravi, advocate Sr.97807 +1cc to the Government Pleader Sr.98017 W.P.No. 25484 of 2012 and M.P.No.1 of 2012 skv[co] srg 08/01/2020