Kallakurichi I Coop. Sugar v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 26.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.15346 of 2016 Kallakurichi I Coop. Sugar Mill Thozhilnutpa Thozhilalar Nala Sangam Rep by its Vice President M.Venkatesan ... PETITIONER Vs

1. The Presiding Officer Principal Labour Court Vellore, Vellore District.

2. The Presiding Officer Principal Labour Court Cuddalore Labour Court, Cuddalore.

3. The Managing Director Kallakurichi I Coop. Sugar Mill Moongilthuraipattu Sankarapuram Taluk Villupuram District 605 702.

... RESPONDENTS Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of mandamus to direct the first respondent herein (Labour Court Vellore) to transfer the I.D. No.184/2015 to the Labour Court, Cuddalore (the 2nd respondent herein).

For Petitioner : Mr.J.Muthukumaran

O R D E R

Heard Mr.J.Muthukumaran, learned counsel appearing for the petitioner.

2.The petitioner Union appears to have raised an Industrial Dispute which was referred for adjudication before the Labour Court, Vellore and taken on file as I.D.No.184 of 2015.

https://hcservices.ecourts.gov.in/hcservices/

3.The petitioner now seeks for transferring the Dispute to the Labour Court, Cuddalore. However, the petitioner has not made any Application before the Labour Court with such a prayer. It is seen that the third respondent Management has filed an Interlocutory Application under section 11 of the I.D.Act read with Rule 31 of the Tamil Nadu Industrial Dispute Rules to decide the question of territorial jurisdiction, as a preliminary issue.

4.The learned counsel for the petitioner is unable to report as to whether the said Interlocutory Application filed by the third respondent Management has been numberred. In any event, as the grievance raised by the petitioner relates to territorial jurisdiction of the Court, the petitioner has to raise the same before the Labour Court, Vellore, for which purpose, writ of mandamus cannot be issued.

Accordingly, the Writ Petition stands dismissed, leaving it open to the petitioner to move the Labour Court, Vellore, for necessary relief. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rpa To

1. The Presiding Officer Principal Labour Court Vellore, Vellore District.

2. The Presiding Officer Principal Labour Court Cuddalore Labour Court, Cuddalore.

3. The Managing Director Kallakurichi I Coop. Sugar Mill Moongilthuraipattu Sankarapuram Taluk Villupuram District 605 702.

+1cc to Mr.J.Muthukumaran, Advocate, S.R.No.26395 W.P.No. 15346 of 2016 PUR(CO) CA(10/05/2016) https://hcservices.ecourts.gov.in/hcservices/