M/S.Tanfac Industries Ltd., v. The Commissioner Of Labour,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2022

CORAM

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. No. 11097 of 2018 M/s. TANFAC Industries Ltd., (A Joint Sector Company with TIDCO) Represented by its President and Unit Head 14, SIPCOT Industrial Complex, Cuddalore 607 005.

... Petitioner -vs1. The Commissioner of Labour, DMS Compound, Teynampet, Chennai 600 006.

2. The Assistant Commissioner of Labour, Behind District Employment Office, Nellikuppam Road, Cuddalore 607 001.

3. The District Collector, District Collector Office, Gundu Salai Road, Cuddalore 607 001.

4. The Superintendent of Police, No. 18, New Street, Meenakshi Nagar, Pudukuppam, Cuddalore 607 001.

5. The Deputy Superintendent of Police, 45.A, Behind Cuddalore NT Police Station, Bharathi Road, Cuddalore 607 001.

6. The Inspector of Police, Cuddalore Old Town.

7. TANFAC Nirvaga Paniyalargl Valvurimai Sangam, Represented by Secretary, No. 14, Murugesan Nagar, Kannarapettai, Cuddalore 5.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First and Second Respondents to consider the representations of the Petitioner dated 13.04.2018 and 21.04.2018, advise the Seventh Respondent Trade Union, the union and its members to ensure that they do not resort to any direct or indirect action including any violent activities inside or outside the factory which would damage the property or men and materials of the Petitioner factory.

For Petitioner : Mr. Anand Gopalan for M/s. T.S.Gopalan and Co.

For Respondents: Mrs. C.Sangamithirai Special Government Pleader (For R1 to R6) No appearance (For R7)

O R D E R

Heard Mr. Anand Gopalan, Learned Counsel for the Petitioner and Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the First to Sixth Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner in this Writ Petition is that the members of the Seventh Respondent have indulged in violent activity damaging the property of the Petitioner and despite representations dated 30.04.2018 and 21.04.2018 made in that regard, no action had been taken in the matter then.

3.

It is represented by Learned Counsel for the Petitioner now that by efflux of time, no further orders are required in the Writ Petition and the Petitioner may be permitted to withdraw the same reserving the rights of the Petitioner to seek action against the Seventh Respondent and its members if they involve in any unlawful activity in future and their past conduct may also be cited, if necessary, in that regard. He has also made an endorsement to that effect in the court record.

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar gd To

1. The Commissioner of Labour, DMS Compound,Teynampet, Chennai 600 006.

2. The Assistant Commissioner of Labour, Behind District Employment Office, Nellikuppam Road, Cuddalore 607 001.

3. The District Collector, District Collector Office, Gundu Salai Road,Cuddalore 607 001.

4. The Superintendent of Police, No. 18, New Street,Meenakshi Nagar, Pudukuppam, Cuddalore 607 001.

5. The Deputy Superintendent of Police, 45.A, Behind Cuddalore NT Police Station, Bharathi Road, Cuddalore 607 001.

6. The Inspector of Police, Cuddalore Old Town.

+1cc to Mr. Anand Gopalan, Advocate, S.R.No.21599 +1cc to the Government Pleader, S.R.No.21798 W.P. No. 11097 of 2018 SJ[co] NSK 09/05/2022