New India Palma Food Tozhilalargal Sangam v. Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA W.P.No.4843 of 2020 and W.M.P.No.5724 of 2020 New India Palma Food Tozhilalargal Sangam, Rep. by its Secretary, Regn. No.1323/RTU/2003, No.39, Vaikal Street, Kalitheerthaalmkuppam, Madhakadipattu Post, Puducherry 605 107.

... Petitioner Vs.

1 Union Territory of Puducherry, Rep. by its Secretary to Government, Department of Labour, Secretariat, Puducherry.

2 Commissioner of Labour cum Certifying Officer for the Union territory of Puducherry under Industrial Employment Standing Order Act, 1946, Government of Puducherry, Labour Department, Puducherry.

3 The Labour Officer (Conciliation) Government of Puducherry, No.15, First Floor, Nehru Nagar, Puducherry 605 011

4 M/s.Vel Biscuits (P) Limited, Rep. by its Managing Director, R.S.No. 4/5, 4/1-A2, Sanyasikuppam Road, Thirubuvanai, Puducherry 605 107.

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, forbearing the 4th respondent from altering the service conditions of the members of the petitioner union whose names are given in the Annexure to the Writ Petition in any manner including discontinuance of service or failing to provide employment in any manner including transferring the services of the employees contrary to Certified Standing Orders without getting permission under Section 33 of the Industrial Disputes Act, 1947 in the Industrial Dispute, dated 27.01.2020 bearing No.

1561/ LO(C)/ AIL/2019 raised by the petitioner union regarding illegal transfer of members of the Petitioner Union which is pending conciliation before the 3rd respondent including replacing the members of the Petitioner Union with contract Labour and further direct the 3rd 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 1st respondent to refer the dispute for adjudication before the competent Industrial Adjudicator.

For Petitioner : Mr.Balan Haridas For Respondents : Mr.M.Nirmal Kumar, For R1 to R3 Government Advocate (Puducherry)

ORDER

When the matter is taken up for hearing today, the learned counsel for the respondents filed a counter affidavit stating that the matter has been settled between the parties and that nothing survives for further adjudication in this case. He also filed a copy of the proceedings. This is accepted by the counsel for the Writ petitioner.

2. Recording the same, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.11.2023 Index: Yes/No Speaking/Non-Speaking order vum R. HEMALATHA, J.

vum To 1 Union Territory of Puducherry, Rep. by its Secretary to Government, Department of Labour, Secretariat, Puducherry.

2 Commissioner of Labour cum Certifying Officer for the Union territory of Puducherry under Industrial Employment Standing Order Act, 1946, Government of Puducherry, Labour Department, Puducherry.

3 The Labour Officer (Conciliation) Government of Puducherry, No.15, First Floor, Nehru Nagar, Puducherry 605 011 W.P.No.4843 of 2020 and W.M.P.No.5724 of 2020 20.11.2023