J.Loganathan, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.3926 & 3927 of 2018

1. J.Loganathan

2. C.Subramani

3. P.Santhan

4. C.Subramani

5. A.Manickam

6. A.Thangavel ..

Petitioners in both the writ petitions -vs1. The Chairman Corporate Office Ispat Bhavan Lodhi Road New Delhi 110 003

2. The Chief Operating Officer

3. The Deputy General Manager (P&A) ..

Respondents in both the writ petitions W.P.No.3926 of 2018 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to implement the award made in I.D.No.592 of 2001 dated 15.06.2006 by the Central Industrial Tribunal cum Labour Court, Chennai to regularize the service of the petitioners.

W.P.No.3927 of 2018 is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to implement the award made in I.D.No.601 of 2001 dated 15.06.2006 by the Central Industrial Tribunal cum Labour Court, Chennai to pay the salary on par with the permanent workers.

For Petitioners :: Mr.A.Nagarathinam

ORDER

These writ petitions have been filed with a huge delay of 12 long years from the date of the awards dated 16.2.2006 passed in I.D.Nos.592 & 601 of 2001, communicated to the General Secretary of Magnesite Thozhilalar Munnetra Sangam, Salem dated 15.6.2006.

2. Learned counsel for the petitioners is not even able to answer whether these petitioners were parties who took part in the trial or enquiry before the Central Government Industrial Tribunal cum Labour Court, Chennai or at least before the Conciliation Officer and no document whatsoever has been produced.

2.1. Secondly, when the industrial disputes were raised by the General Secretary of Magnesite Thozhilalar Munnetra Sangam (LPF), Vellakkalpatty P.O., Salem as well as the Deputy General Secretary of Magnesite National Labour Union, Salem against the General Manager of Burn Standard Company Limited, Salem and the awards were passed on 16.2.2006 in I.D.Nos.592 & 601 of 2001, after keeping quiet for almost 12 long years, the present writ petitions have been filed that too, by the persons who were not shown as parties in the industrial disputes.

2.2. Thirdly, there is no document produced to show that these petitioners were also members of the aforesaid Sangam/Union.

3. Hence, in view of the long lapse of time, this Court is not inclined to entertain the writ petitions. Accordingly, the writ petitions are dismissed on the ground of laches. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ss To

1. The Chairman Corporate Office Ispat Bhavan Lodhi Road New Delhi 110 003

2. The Chief Operating Officer

3. The Deputy General Manager (P&A) +1cc to Mr.A.Nagarathinam, Advocate Sr.No.13957 NM(CO) sm:13.3.2018 W.P.Nos.3926 & 3927 of 2018