Puthiya Jananayaga Thozhilalar v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.15208 of 2017 and W.M.P.No.16488 of 2017 Puthiya Jananayaga Thozhilalar Munnani Sai Mirra Innopharm (Pvt) Ltd Branch, Rep. by its Secretary, Regn.No.43/TVR, No.110/63, N.S.K.Salai, Kodambakkam, Chennai-600 024.

... Petitioner Vs.

1.Government of Tamil Nadu, Rep. by its Secretary, Labour and Employment Department, Fort St. George, Chennai-600 009.

2.The Assistant Commissioner of Labour, (Conciliation II), Kuralagam, Chennai-600 108. 3.The Management, Sai Mirra Innopharm Private Ltd., 288-299, Sidco Estate, Ambattur, Chennai-600 098.

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to forbear the third respondent from altering the service conditions of the members of petitioner union as stated in the accompanying members list including discontinuance of their services or any act including implementation of Lay-Off, retrenchment which will result in temporary/permanent non-employment of them, without getting prior permission from the second respondent in terms of Section 33 of the Industrial Disputes Act, 1947 in the industrial disputes raised by the petitioner union viz.

, Aa/873/2016, Aa/911/2016 & Aa/403/2017 pending on the file of the second respondent and further direct the second respondent to conciliate and effect settlement under Section 12(3) and if no settlement is forthcoming to submit failure report under section 12(4) of the Industrial Disputes Act, 1947 to the first respondent and in turn the first respondent to refer the dispute for adjudication before the competent industrial adjudicator. https://hcservices.ecourts.gov.

For Petitioner :

Mr.A.Suresh Sakthi Murugan For RR1 & 2 :

Mr.J.Ramesh, Additional Government Pleader For R3 :

Mr.G.Padmanabhan ******

O R D E R

This writ petition has been listed under the caption "for withdrawal" on the basis of the letter dated 24.04.2018, given by the learned counsel for the petitioner before the Registry. Learned counsel for the petitioner sought to withdraw the writ petition. Accordingly, the writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar abr To 1.The Secretary to Government, The Government of Tamil Nadu, Labour and Employment Department, Fort St. George, Chennai-600 009.

2.The Assistant Commissioner of Labour, (Conciliation II), Kuralagam, Chennai-600 108. 3.The Management, Sai Mirra Innopharm Private Ltd., 288-299, Sidco Estate, Ambattur, Chennai-600 098.

+1cc to Mr.Suresh Sakthi Murugan, Advocate, sr.no.31617 +1cc to the Government Pleader, sr.no.32260 W.P.No.15208 of 2017 KAN(CO) RRK(24/05/18) https://hcservices.ecourts.gov.in/hcservices/