R.Veerasekaran v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Orders Reserved on : 23..06..2023 Orders Pronounced on : 100723 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Writ Petition No.7563 of 2015 and M.P.Nos.1,2,3,4 & 5 of 2015 1.R.Veerasekaran 2.D.Palpandian 3.N.Srinivasan 4.A.R.Naveenan 5.J.Thyagarajan Five Men Committee of Workmen Representing the 104 Employees of Nokia India Private Limited, Having Office at No.110/63, 2nd Floor, Corporation of Chennai Shopping Complex, N.S.K.Salai, Kodambakkam, Chennai 600 024.
..... Petitioners -Versus1.Government of Tamil Nadu, Rep. by its Secretary, Labour and Employment Department, Fort St. George, Chennai 600009.
2.The Assistant Commissioner of Labour (Conciliation), Sriperumbudur, Kancheepuram District.
3.The Management Nokia India Private Limited, SEZ PHASE 3 A1, SIPCOT Industrial Estate, Sriperumbudur 602 105.
4.The Collector, Kancheepuram District, Kancheepuram.
..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to conciliate the dispute raised by the petitioner pending as B/166/2015 dated Nil filed on 23.02.2015 and effect settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act to the 1st respondent and in turn direct the 1st respondent to refer the dispute for adjudication before the competent Industrial Adjudicator and in the meanwhile direct the 3rd respondent to pay wages to the employees concerned in the writ petition whose names are given in the Annexure to the writ petition in accordance with Section 25(O)(6) of the Industrial Disputes Act,1947.
For Petitioners : Mr.Balan Haridas For Respondents : Mr.J.C.Durai Raj, AGP for RR1, 2 & 4 Mr.P.V.Balasubramanian, Senior Counsel for M/s.BFS Legal for R3 Mr.S.Parthasarathi for Mr.N.Tamilpriyan, petitioner in M.P.No.4 of 2015 and proposed 5th respondent
ORDER
This writ petition seeks a writ in the nature of mandamus, directing the 2nd respondent to conciliate the dispute raised by the petitioner pending as B/166/2015 dated Nil filed on 23.02.2015 and effect settlement and if no settlement is forthcoming, direct the 2nd respondent to submit failure report under Section 12(4) of the Industrial Disputes Act to the 1st respondent and, in turn, direct the 1st respondent to refer the dispute for adjudication before the competent Industrial Adjudicator and in the meanwhile direct the 3rd respondent to pay wages to the employees concerned in the writ petition whose names are given in the Annexure to the writ petition in accordance with Section 25(O)(6) of the Industrial Disputes Act,1947.
2. This writ petition has become infructuous since after the writ petition
was filed, the matter was taken cognizance by the Government and it had refused to refer the matter by order in G.O.(D) No.342, Labour and Employment (A2) Department, dated 14.07.2015 and by an order, today, I have dismissed the writ petition filed in W.P.No.24591 of 2015 filed by the same petitioner. Accordingly, the writ petition stands dismissed as infructuous. No costs. Consequently, connected MPs are closed. 10..07..2023 Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Secretary, Government of Tamil Nadu, Labour and Employment Department, Fort St. George, Chennai 600009.
2.The Assistant Commissioner of Labour (Conciliation), Sriperumbudur, Kancheepuram District.
3.The Collector, Kancheepuram District, Kancheepuram.
V.LAKSHMINARAYANAN, J.
kmk Pre Delivery Order in 10..07..2023