← Library
Madras High CourtWP/6494/2015dismissed and conviction confirmed

Eswaralal, v. The Secretary,

2025-03-10Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and M.P.Nos.1 to 3 of 2015 1.Eswarlal 2.T.Shanmugasundaram 3.S.Lakshmi Priya 4.T.R.Ranjith 5.Jayakumar 6.P.Suresh Kumar 7.T.S.Kumar 8.V.Pradeep 9.P.Prabhakaran 10.G.Geetha 11.S.Purusothaman 12.K.Karthikeyan 13.R.Saranya 14.K.Balaji 15.D.Kiruthika 16.S.Ranjithkumar 17.A.Christopher Paul 18.M.Karthick 19.R.Manikandan 20.R.Pradeep Kumar 21.U.Udhayachandran 22.R.Deebika 23.P.Satheesh Kumar 24.S.Wasim Feroze

25.S.Kiruthika Devi 26.S.Kanimozhi 27.K.S.Sharathkumar 28.S.Yamuna Priya 29.M.Manohar 30.P.Divya 31.R.Sathish 32.S.Kathiravan 33.D.Lokeshwar 34.V.Durga 35.S.Gopinath 36.R.Gowtham 37.C.Suganya @ Karthika 38.Kadiyala N V R J M Vara Prasad 39.M.Lavannya 40.Guhan Raja 41.R.Bushra Banu 42.T.Gokilavani 43.S.Sathyamoorthy 44.K.Anoop 45.A.S.Naveenkumar 46.M.Vignesh 47.Vasantha Bharathi 48.R.Deepika 49.R.Rinu 50.P.Keerthana 51.T.Arun 52.S.Sreejith 53.M.Ranjith 54.S.Supriya 55.B.Yasar Nawazudeen 56.Thanjdheen 57.Mudaliar Sivanesan 58.S.Manoj Kumar

59.Roobesh 60.M.Sree Balaji 61.S.Arun 62.J.Ananda Balaji 63.L.E.Vijayalakshmi 64.V.Vibin Raj 65.G.Ramprasad 66.N.Dhanesh Kumar 67.N.Madhuniha 68.Vijayanand 69.M.Parthiban 70.K.M.Gowtham 71.S.Manoj Kmar 72.N.Dhinesh Kumar 73.S.Sri Saravanan 74.A.Siva Ranjitha 75.D.Riju 76.Abraham Ashok 77.A.Nagarajan 78.V.Krishna Kumar 79.G.Kiruthika 80.V.Ramya 81.M.Gopalakrishnan 82.S.Vijith 83.L.Nethra 84.M.Pavithra ... Petitioners Vs.

1.The Secretary, Department of Labour and Employment, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner of Labour, O/o.The Commissioner of Labour, Chennai-600 006.

3.The Labour Officer, Coimbatore-16.

4.The Director, C-Cubed Solutions Pvt. Ltd., No.10, Khyaka Alcove, 1st Main, S.T.Bed Layout, Koramangala 4th Block, Bangalore-560034.

5.The Chief Executive Officer, C-Cubed Solutions Pvt. Ltd., KGISL Building, KGISL Campus, 2nd Floor, S.F.No.358/2C, Thudiyalur, Saravanampatti, Coimbatore-35. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to conclude the conciliation proceedings in Na.Ka.No.34 of 2015 and forward the same to the Government of Tamil Nadu.

For Petitioner :

Mr.G.Pugazhenthi For Respondents : Mr.K.Surendran Additional Government Pleader for RR1 to R3 No appearance for R4 and R5

O R D E R

This Writ Petition has been filed to direct the second respondent to conclude the conciliation proceedings in Na.Ka.No.34 of 2015 and forward the same to the Government of Tamil Nadu.

2. The learned counsel appearing for the petitioners submits that the petitioners were the employees of the respondents 4 and 5 Company. All of a sudden, the Company having branch at Coimbatore was closed down without paying the salary and compensation to the employees. Thereby, conciliation proceedings were conducted, however, it has not been concluded. Hence, this Writ Petition has been filed.

3. Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the respondents 1 to 3.

4. If the conciliation proceedings has not been concluded by the Labour Officer, remedy available to the petitioners is only to raise Industrial Dispute under Section 2(A)(2) of the Industrial Disputes Act. Without raising the Industrial Dispute, filing the present writ petition is not sustainable one. Hence, this Writ Petition is dismissed. However, liberty is granted to the petitioners to raise the Industrial Dispute in the manner known to law. The period during which this writ petition is pending before this Court is to be excluded for the purpose of limitation. There shall be no order as to costs. Connected miscellaneous petitions are closed. 10.03.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Secretary, Department of Labour and Employment, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner of Labour, O/o.The Commissioner of Labour, Chennai-600 006.

3.The Labour Officer, Coimbatore-16.

M.DHANDAPANI, J.

ssb 10.03.2025