New Democratic Labour Front v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI New Democratic Labour Front Vectra Advanced Engineering Pvt. Ltd., Branch (also now known as Kamaz Vectra Motor Limited Branch) Rep. By its Secretary Reg. No 24/KRI L-416. ASTC Old HUDCO Hosur 635 109.
...Petitioner in both Writ Petitions
Vs.
1. The Government of Tamil Nadu Rep.by its secretary Labour and Employment Department Fort. St. George Chennai 600 009.
2. Labour Court Krishnagiri
3. Management Kamaz Vectra Motor Ltd., No.7 & 8, SIPCOT Hosur 635 109.
...Respondents in both Writ Petitions
Prayer in W.P.No.5303 of 2013: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd 1/5
respondent to take proceedings against the 3rd respondent on the petition dated 30.11.2012 filed by the petitioner to prosecute under section 29 of the I.D Act, 1947 for violating the settlement dated 2.11.2010 entered under section 12(3) of the Industrial Disputes Act, 1947 and give appropriate report to the 1st respondent and in turn direct the 1st respondent to issue necessary orders for prosecuting the 3rd respondent within the time frame fixed by this Hon'ble Court and pass orders. Prayer in W.P.No.5304 of 2013: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to take proceedings against the 3rd respondent on the petition dated 23.11.2012 filed by the petitioner for practicing unfair labour practice in accordance with law and pass appropriate orders within the time frame stipulated by this Hon'ble Court.
For Petitioner : Mr.Balan Haridas in both Writ Petitions For Respondents : Mr. K.Surendran, AGP for R1 & R2 Mr.Sanjay Mohan for M/s S. Ramasubramanian for R3 COMMON
ORDER
Since the issue involved in the above writ petitions are one and the same they are disposed of by way of this common order. W.P.No.5303 of 2013:
2. Alleging the violation of the Settlement dated 02.11.2012 made 2/5
by the third respondent entered u/s.12(3) of the Industrial Disputes Act, 1947, the petitioner Union filed a petition before the second respondent dated 30.11.2012. Since the same was not considered, the above writ petition has been filed.
W.P.No.5304 of 2013:
3. Seeking a direction to the second respondent to take appropriate action as against the third respondent on the basis of the petition dated 23.11.2012 filed by the petitioner for unfair labour practise in accordance with law, the above writ petition has been filed.
4. The learned counsel for the third respondent in W.P.No.5303 of 2013 submits that during the pendency of said writ petition, a letter dated 20.08.2013 has been issued after conducting enquiry as against the petition filed by the petitioner. Hence, no further orders is necessary in the said writ petition.
5. The learned cousnel for the third respondent in W.P.No.5304 of 2013 submitted that as against the petitioner union, the retrenchment order was passed. Hence, no further order is necessary in the said writ petition.
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6. In view of the above submission, these writ petitions are closed. However, liberty is granted to the petitioner in W.P.No.5303 of 2013 to work out their remedy in the manner known to law. No costs. 25.02.2025 RAP Speaking Order : Yes/ No Index : Yes/ No NCC : Yes/ No To
1. The Secretary, The Government of Tamil Nadu Labour and Employment Department Fort. St. George Chennai 600 009.
2. Labour Court Krishnagiri 4/5
M.DHANDAPANI., J.
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