Jsw Steel Limited v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Wednesday, the Twenty First day of August Two Thousand Nineteen PRESENT The Hon`ble MR.JUSTICE S.VAIDYANATHAN WP No.32031 of 2017 JSW STEEL LIMITED REP. BY ITS GENERAL MANAGER, HR AND ADMINISTRATION SALEM WORKS, P.O. POTTANERI, MECHERI, METTUR TALUK, SALEM DISTRICT 636 453 ..PETITIONER Vs.

1 THE PRESIDING OFFICER LABOUR COURT, SALEM 2 THE LABOUR OFFICER O/O. THE LABOUR OFFICE, KORIMEDU, YERCAUD ROAD, SALEM 636 001 3 S.KRISHNAMOORTHY ..RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for the records before the 2nd respondent and to quash conciliation report Na.Ka.213/2017 dated 4.9.2017 and consequently direct the 1st respondent not to proceed with the dispute in I.D.No.104 of 2017 Order : This Writ Petition coming on for clarification on this day, and upon perusing the order of this Court dated 19/09/2018 made in WP.No.32031/2017 and the letter received from the Presiding Officer, Labour Court, Salem, dated 26/07/2019 and in the presence of Mr.M.Vijayan, Advocate for the Petitioner and Mr.

Ansar, Government Advocate for the 2nd Respondent, Mr.K.V.Shanmuganathan, Advocate for the 3rd Respondent, this Court made the following order:- This Court had already disposed of this writ petition on 19.09.2018 with a direction to the Labour Court to decide the preliminary issue with regard to the status of the 3rd respondent before proceeding further in the matter.

2. While so, there is a communication from the Presiding https://hcservices.ecourts.gov.in/hcservices/ Officer, Salem, Labour Court to the Registrar General of this Court that Mr.Vijayan, learned counsel from M/s.King & Partridge

is going to appear in this matter and therefore, the matter may be transferred to some other Court, as, in the interest of justice, it may not be fair on the part of the Presiding Officer who was junior of Mr.Vijayan to hear him and decide the issue. 3.I find there is justification in the communication made by the Presiding Officer, Labour Court, Salem. Hence, this matter is transferred to the Labour Court, Coimbatore and the Labour Court is expected to hear the matter on a day-to-day basis, without adjourning the matter beyond seven (7) working days, in the light of Rule 39 of the Tamil Nadu Industrial Dispute Rules, 1958.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar TO 1 THE PRESIDING OFFICER LABOUR COURT, SALEM 2 THE PRESIDING OFFICER, LABOUR COURT, COIMBATORE.

+1 cc to M/s.King & Patridge, Advocate Sr.No.71573 DATED : 21/08/2019 Order WP.32031/2017 AKM/ 26.08.19/ 2P- 4C / https://hcservices.ecourts.gov.in/hcservices/