Ultra Tech Cement Limited., v. Government Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.09.2017

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP.No.22494 of 2017 and WMP.No.23603 of 2017 Ultra Tech Cement Limited Arakonam Cement Works Workers Progressive Union,(Regn.No.VLR/1569), Rep.by its General Secretary, Chitteri-631 003.

...Petitioner

Versus

1.The Government of India, Rep.by its Secretary,

2. The Central Advisory Contract Labour Board,

3. The Chief Labour Commissioner (Central),

4. M/s.Ultra Tech Cement Ltd, Rep.by its Unit Head/General Manager, Arakonam Cement Works, Chitteri Post, Arakonam-631 003.

5. M/s.Shri Venkateswara Agencies, No.3/11, Bharadhi Dasan Street, Jothi Nagar, Arakonam-631 003.

6. M/s.V.Y.Facility Services, Muthamizh Nagar, Parameshwaramangalam Main Road, Arakonam Taluk, Vellore District.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 to 3 to consider and dispose of the representation submitted by the petitioner dated 05.07.2017 within a time frame.

For Petitioner : Mr.K.M.Ramesh For RR 1 to 3 : Mr.A.Murugan For R4 Mr.M.Elavarasi for M/s.S.Ramasubramaniam For R5 & 6 : No Appearance

ORDER

The relief sought for in this writ petition is for a direction directing the respondents 1 to 3 to consider and dispose of the representation submitted by the writ petitioner on 05.07.2017.

2. The learned counsel appearing for the writ petitioner states that the writ petitioner is the Workers' Union and on identifying certain illegalities in respect of undertaking the contract labourers, the union made a representation to the respondents 1 to 3 on 05.07.2017. The learned counsel further states that the Management has committed certain irregularities in contravention to the Contract Labour (Regulation and Abolition) Act, 1970. Thus, the respondents are bound to initiate action in this regard.

3. Therefore, without going into the merits of the matter, the 1st respondent is directed to consider the representation submitted by the writ petitioner on 05.07.2017 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands disposed of. No costs. Consequently, the Miscellaneous Petition is closed. s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar sk To 1.The Secretary,

2. The Central Advisory Contract Labour Board,

3. The Chief Labour Commissioner (Central), +1 Cc to Ms.S. Ramasubramanian, Advocate sr 63421. +1 Cc to Mr.A. Murugan, Advocate sr 63311.

WP.No.22494 of 2017 SAI(CO) sp(05/10/2017)