The Secretary v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2023
CORAM
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.10305 of 2023 The Secretary BHEL Valaga Oppanda Thozhilalar Nala Sangam No. 5 Dheen Complex, 1st Floor, Thiruvarambur, Trichy 13, Rep. by M.Sekar, S/o. Muniyandi.
... Petitioner
Versus
1. The Registrar Central Government Industrial tribunal cum Labour Court, Sashtri Bhawan, Nungambakkam, Chennai.
2. The Secretary Government of India, Ministry of Labour and Employment, Shram Sakthi bhawan, Rafi Marg, New Delhi
3. The Executive Director, Bharat Heavy Electrical Ltd., Trichy 620 014.
4. The Special Officer, BHEL Labour Contract society, No. 24, Building BHEL, Trichy 620 014.
.. Respondents 1/4
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the 1st and 2nd respondents to issue the certified copy of the order dated 1.12.2022 passed in the I.D. 121 of 2015 on the file of the Central Industrial Tribunal cum Labour Court, Shastri Bhawan, Nungambakkam, Chennai dated 1.12.2022. For Petitioner :
Mr.D.Veerasekharan
ORDER
The writ petition has been filed seeking a direction to the 1st and 2nd respondents to issue the certified copy of the order dated 1.12.2022 passed in the I.D. 121 of 2015 on the file of the Central Industrial Tribunal cum Labour Court, Shastri Bhawan, Nungambakkam, Chennai dated 1.12.2022. 2.
It is the grievance of the petitioner that he is the General Secretary of BHEL Valagaoppanda Thozhilalar Nala Sangam and raised an industrial dispute on behalf of the Union before the Assistant Commissioner of Labour, Puducherry. After hearing on both sides, the Assistant Commissioner of Labour refers the matter before the second respondent. In turn, the first respondent has transferred the dispute in ID.No.121 of 2015 before the first respondent/ Central Government Industrial Tribunal Labour court, Chennai vide letter dated 29.01.2015 for adjudication. After hearing of both side arguments, the Central Labour Tribunal reserved the orders on 25.07.2022 and 2/4
delivered judgment on 01.12.2022. Thereafter, the petitioner has applied for the certified copies for the award passed in the above case on 07.12.2022. Till date, the petitioner has not received the certified copy of the order. Hence, the petitioner filed the present writ petition before this Court.
3. The learned counsel for the petitioner submitted that as per the tribunal rules, the Presiding Officer shall communicate the copy of the order to the petitioner, on payment of necessary fee. However, the same was not complied with. Hence, this Court may direct the first respondent to furnish the order copy to the petitioner within the stipulated time as fixed by this Court.
4. In such view of the matter and considering the limited request sought for by the petitioner, this Court directs the first respondent to furnish the certified copy of the order to the petitioner in ID.No.121 of 2015 dated 01.12.2022 within a period of two weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No costs. 05.04.2023 rli Note: Issue order copy on 10.04.2023 3/4
M. DHANDAPANI, J rli Index : Yes/No Internet : Yes/No To
1. The Registrar Central Government Industrial tribunal cum Labour Court, Sashtri Bhawan, Nungambakkam, Chennai.
2. The Secretary Government of India, Ministry of Labour and Employment, Shram Sakthi bhawan, Rafi Marg, New Delhi
3. The Executive Director, Bharat Heavy Electrical Ltd., Trichy 620 014.
4. The Special Officer, BHEL Labour Contract society, No. 24, Building BHEL, Trichy 620 014.
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