P. Santhamurthy v. The Governement Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.22536 of 2017 and W.M.P.Nos.23663 & 23664 of 2017 Santhamurthy
...Petitioner
Vs.
1.The Govt of Puducherry, Rep. by its Secretary, Labour Department, Puducherry 2.The Additional Secretary to Govt.(Labour) Labour Department Government of Puducherry, Puducherry.
3.M/s.Swaminathan Research Foundation, Represented by Executive Director, No.6, 3rd Cross Street Taramani, Institutional Area, Chennai 600 030 ... Respondents PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the second respondent in his proceedings in Order No.2290/AIL/Lab/T/2017/836 dated 21.07.2017 and quash the same and consequently direct the first respondent to refer the dispute, between the petitioner competent Industrial Adjudicator and forbear the third respondent from altering the service conditions of the petitioner in any manner including discontinuance of service as Senior Scientist at M S Swaminathan Research Foundation or failing to provide employment in any manner without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Dispute raised by the petitioner as dispute regarding termination of the Petitioner's service.
For Petitioner : Mr.Stalin Abhimanyu For Respondents : Mr.G.Anand for M/s.T.S.Gopalan & Co For R3 RR 1,2 : No Appearance
O R D E R
The relief sought for in this writ petition is to call for the records relating to the impugned order passed by the second respondent in his proceedings in Order No.2290/AIL/Lab/T/2017/830 dated 21.07.2017 and quash the same and consequently direct the first respondent to refer the dispute, between the petitioner competent Industrial Adjudicator and forbear the third respondent from altering the service conditions of the petitioner in any manner including discontinuance of service as Senior Scientist at M S Swaminathan Research Foundation or failing to provide employment in any manner without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Dispute raised by the petitioner which is pending conciliation before the 2nd respondent as dispute regarding termination of the Petitioner's service.
2.The petitioner has earlier filed a writ petition in W.P.No.3177 of 2016. Wherein, this court has disposed of the same and the operative portion of which reads as follows: "3.However, the dispute raised by the writ petitioner under the provisions of the Industrial Disputes Act, 1947 was negatived by the competent authorities. In this regard, the learned counsel for the third respondent submitted an order dated 21st July 2017 issued by the Additional Secretary to Government(Labour) by stating that the writ petitioner is not a workman under the provisions of the Industrial Disputes Act, 1947. As per Section 2 (s) (iv) of the Industrial Disputes Act, 1947, workman does not include any such person " who being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature". The learned counsel for the writ petitioner states that the said order has been filed in WP.No.22536 of 2017.
4. May that it be, this Court is of an opinion that the writ petitioner was holding the post of Senior Scientist. Prima facie as the post of Senior Scientist cannot be considered under the category of labourer or workman under the provisions of the Industrial Disputes Act, 1947. However, now, it is brought to the notice of this Court that the third respondent filed an affidavit stating that the socio economic project has been secured in Wynad, Kerala. If the petitioner is willing and continuing it in
writing, the same will be placed before the appropriate authority for positive consideration. Such a statement is made by the Executive Director of the third respondent.
5. Then, it is left open to the writ petitioner to submit appropriate request application to accommodate him in any one of the suitable position which is available in the third respondent organisation. In the event of submitting any such application by the writ petitioner, the third respondent is directed to consider the same and pass orders on merits and in accordance with law and as per the submissions made by them in the additional affidavit
6. With these observations, the writ petition stands disposed of. However, there shall be no order as to costs.
Consequently, the connected miscellaneous petitions are closed."
3.In view of the order passed in W.P.No.3177 of 2016 dated 26.04.2018, this writ petition stands closed. Consequently, connected miscellaneous petitions are closed. However, there is no order as to costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar maya To 1.The Secretary, The Govt of Puducherry Labour Department, Puducherry 2.The Additional Secretary to Govt.(Labour) Labour Department Government of Puducherry, Puducherry.
3.The Executive Director, M/s.M.S.Swaminathan Research Foundation, No.6, 3rd Cross Street Taramani, Chennai 600 030 +1cc to M/s.T.S.Gopalan & Co, advocate sr.no.32029 +1cc to Mr.Stalin Abhimanyu, Advocate sr.no.32067 W.P.No.22536 of 2017 kk(co) nr 04/06/2018