New Democratic Labour Front v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P. No.6068 of 2015 and MP No.1 of 2015 New Democratic Labour Front Kamaz Vectra Motor Limited Branch Rep by its Secretary:
Regn.No.24/KRI, L-416, ASTC Old HUDCO, Hosur-635 109
...Petitioner
Vs.
1.Government of Tamil Nadu Rep by its Secretary, Labour and Employment Department, Fort St. George, Chennai-9.
2.The Sub Divisional Magistrate/ Revenue Divisional Officer, Hosur 635 109.
3.The Labour Officer Krishnagiri 4.The Inspector of Police SIPCOT Police Station, Hosur 635 109.
5.The Management Kamaz Motors Ltd No.7 and 8, SIPCOT, Hosur-635 109
...Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of mandamus forbearing the 2nd respondent proceeding in Va.No.21/2015/A4 dated 21.02.2015 arising out of the proceedings initiated against the office bearers of the petitioners Union under Section 107 of the Cr.P.C and further direct the 3rd respondent to hold conciliation proceedings under Section 12(1) of the Industrial Disputes Act 1947 for the industrial dispute between the petitioner Union and 5th respondent Management based on the allegation of the 5th respondent Management against the petitioner Trade Union.
For Petitioner : Mr.S.Parthasarthi For Respondents : Mr.C.Selvaraj (R1 to R4) Additional Government Pleader R5-No Appearance https://hcservices.ecourts.gov.in/hcservices/
ORDER
Section 107 of the Code of Criminal Procedure, 1973 (Cr.P.C) empowers the Executive Magistrate to order execution of bond for the purpose of sureties for keeping the peace for a maximum period of one year. The petitioner herein has challenged proceedings dated 21.02.2015, initiated under Section 107 of the Cr.P.C. in the present writ petition.
2. Since the proceeding was initiated way back in 2015, the proceeding itself has become infructuous in view of the maximum period of one year stipulated under Section 107 of the Cr.P.C., having lapsed. Hence, no effective order can be passed in the present writ petition. Accordingly, this writ petition stands closed.
Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ska To 1.Government of Tamil Nadu Rep by its Secretary, Labour and Employment Department, Fort St. George, Chennai-9.
2.The Sub Divisional Magistrate/ Revenue Divisional Officer, Hosur 635 109.
3.The Labour Officer Krishnagiri 4.The Inspector of Police SIPCOT Police Station, Hosur 635 109.
+2cc to M/s.S.Parthasarathi, Advocate, S.R.No.2352 +1cc to the Government Pleader, S.R.No.2984 W.P. No.6068 of 2015 and MP Nos.1 of 2015 SMI(CO) SB(09/02/2022) https://hcservices.ecourts.gov.in/hcservices/