United Labour Federation, v. The Assistant Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2017 Coram The Hon'ble Mr. Justice M.M.SUNDRESH W.P. No.15637 of 2015 & M.P.No.1 of 2015 United Labour Federation Rep., by its Secretary, No.149, Thambu Chetty Street, C.J., Complex, IV Floor, Chennai - 600 001.
... Petitioner Vs 1.The Assistant Commissioner of Labour, (Conciliation) Sriperumbudur.
2.The Management of NVH India Auto Parts Private Limited, Rep., by its Managing Director, Plot No.B-68, SIPCOT Industrial Park, Irungattukottai, Sriperumbudur 3.The Human Resources Manager, NVH India Auto Parts Private Limited, Rep., by its Managing Director, Plot No.B-68, SIPCOT Industrial Park, Irungattukottai, Sriperumbudur 4.State of Tamil Nadu, Rep., by its Secretary, Ministry of Labour & Employment, Fort St., George, Chennai - 600 009 ... Respondents R4-impleaded as per order of this Court in W.P.No.15637 of 2015 on 15.03.2017.
Prayer:-Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, to direct the first respondent herein to commence the conciliation proceedings in respect of the Industrial Disputes raised on 05.05.2015, with regard to the location of the enquiry and for Travel Allowance and food allowance for the workers referred to in the said disputes and further direct the second respondent not to proceed in the matter until the conciliation proceedings come to an end and issue such further or other appropriate orders or directions.
For petitioner.. Mr.V.Prakash Senior counsel for Mr.K.Sudalaikannu For Respondent.. Mr.Yashod Varadhan Sr., counsel for Mr.D.Prabhu Mukunth Arunkumar for RR2&3 Mr.K.J.Sivakumar Govt Advocate, for RR1
O R D E R
By consent, Secretary to Government, Ministry of Labour & Employment, Fort St.,George, Chennai - 600009, is impleaded as a party respondent. Accordingly, Registry is directed to amend the cause title.
2. The learned Senior counsel appearing for the parties would submit that the conciliation proceedings have already been concluded as early as on 15.02.2016. Thereafter, impleaded respondent no.4, will have to take a decision with respect to the reference.
3. Considering the said submission, the impleaded respondent No.4 is directed to take appropriate decision with the issue of reference, which is subject matter of the conciliation proceedings concluded on 15.02.2016, within a period of eight weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
pbn To 1.The Assistant Commissioner of Labour, (Conciliation) Sriperumbudur.
2.State of Tamil Nadu, The Secretary, Ministry of Labour & Employment, Fort St., George, Chennai - 600 009.
+1cc to M/S.K.Sudalai Kannu, Advocate Sr.16354 W.P. No.15637 of 2015 nr[co] srg 18/04/2017