Heubach Clolorants India Limited v. The Assistant Commissioner Of Labour (Conciliation)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2024
CORAM
THE HONOURABLE DR.JUSTICE D.NAGARJUN and WMP.No.8446 of 2024 Heubach Colorants India Limited (Formerly Clariant Chemicals (India) Limited) Represented by its Manager Site Services & IR R.Padmanabhan Having office at Kudikadu, SIPCOT Post, Cuddalore - 607 005.
... Petitioner Vs.
1. The Assistant Commissioner of Labour (Conciliation) Deepan Nagar, First Street, Semmandalam, Cuddalore 607 001.
2. Clariant Chemical Employees Union (CITU) Represented by its Secretary Reg.No.58/SDR S.N.Memorial No.89, Lawrence Road, Cuddalore - 607 002.
3. Mr.A.Sridhar Executive Operator 1/6
4. Mr.K.Ganeshkumar Executive Electrical
5. Mr.P.Jayaseelan Executive Operator
6. Mr.R.Rajesh Executive Lab
7. Mr.V.Gobinath Executive Operator ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the 1st respondent herein from in any way insisting the petitioner company to cancel the transfer orders dated 25.11.2023 issued against the respondents Nos.3 to 7 pending the conciliation proceedings in Na.Ka.No.416 of 2023 dated 08.03.2024 on the file of 1st respondent.
For Petitioner : Mr.L.Chandrakumar For R1 : Mr.K.Tamilvendan, Government Advocate For R2 to R7 : Mr.V.Ajoy Khose 2/6
ORDER
This writ petition is filed for the issuance of a Writ of Mandamus forbearing the 1st respondent herein from in any way insisting the petitioner company to cancel the transfer orders dated 25.11.2023 issued against the respondents Nos.3 to 7 pending the conciliation proceedings in Na.Ka.No.416 of 2023 dated 08.03.2024 on the file of 1st respondent.
2. It is submitted by the learned counsel for the petitioner that during the conciliation proceedings first respondent has been insisting and directing the petitioner to cancel the transfer order issued in respect of private respondents 3 to 7. The learned counsel representing the second respondent union submits that in the course of conciliation proceedings, the first respondent had advised the petitioner to cancel the transfer proceedings.
3. Having considered the submissions on both sides, it is clear that the first respondent conciliation officer is expected to facilitate settlement between the parties by way of conciliation. Though the first respondent can make any proposal during conciliation proceedings in order to see that the issue between 3/6
the parties is settled, he cannot impose any condition to cancel the transfer orders. The first respondent is expected to act objectively and not to direct the petitioner to cancel the proceedings.
4. Accordingly, the writ petition is disposed of directing the first respondent not to insist the petitioner company to cancel the transfer orders dated 25.11.2023 and directed to proceed with the conciliation proceedings objectively by following due process of law. The first respondent is directed to complete conciliation proceedings within a period of four weeks from the date of receipt of a copy of this order. Consequently connected Miscellaneous Petition is closed. No costs.
30.04.2024 Index : Yes/No adl 4/6
To
1. The Assistant Commissioner of Labour (Conciliation) Deepan Nagar, First Street, Semmandalam, Cuddalore 607 001.
2. Clariant Chemical Employees Union (CITU) Represented by its Secretary Reg.No.58/SDR S.N.Memorial No.89, Lawrence Road, Cuddalore - 607 002.
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DR.D.NAGARJUN, J.
adl and WMP.No.8446 of 2024 30.04.2024 6/6