Madras Port And Dock v. Sical Logistics Ltd

In the High Court of Judicature at Madras Dated: 02.06.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S. SIVAGNANAM Original Side Appeal No. 84 of 2015 and M.P. No.1 of 2015 Madras Port and Dock Employees'

Union (C.I.T.U.) rep. by its General Secretary Mr. A. Krishnamoorthy New No.55 (Old No.26), Moore Street I Floor, Chennai 600 001.

.. Appellant/Defendant.

vs.

1. Sical Logistics Limited rep. y its Manager-HR Mr. A. Arockia David 73, Armenian Street Chennai 600 001.

2. The Deputy Commissioner of Police Flower Bazaar, Broadway Chennai 600 001.

.. Respondents/Plaintiff/3rd Party --- Prayer: Original Side Appeal filed under Order 36, Rule 11 of Original Side Rules read with Clause 15 of the Letters Patent, to set aside the order and decree dated 06.03.2015 passed by the learned Single Judge, in Application No. 876 of 2014 in C.S. No.706 of 2014 on the file of this Court.

--- For Appellant : Mr. N.G.R. Prasad for Mr.C.Karl Marx For Respondents : Mr. R. Krishnamurthy, Sr. Counsel for Mr. M. Vijayan for M/s. King & Partridge for R1 Mr. S.T.S. Murthi Govt. Pleader for R2 ---

J U D G M E N T

(Delivered by The Hon'ble The Chief Justice) Learned counsel for the appellant now states that instead of resorting to the instrument of strike, the grievance of the appellant can be redressed if the conciliation proceedings are conducted expeditiously, with the active participation of both sides and in case no conciliation is possible, a reference can be made in accordance with law.

2. Learned Senior Counsel appearing for the first respondent is in agreement with the aforesaid.

3. We are inclined to accept the plea and thus call upon the Conciliation Officer, namely the Assistant Labour Commissioner (Central), Office of the Deputy Chief Labour Commissioner (Central), No.26, Haddows Road, Shastri Bhavan, Chennai-600006, to actively carry on the conciliation proceedings expeditiously and send a report within a period of one month from the date of receipt of this order. The appellant will serve a copy of this order on the Conciliation Officer.

4. The appeal stands disposed of in the aforesaid terms. The parties to cooperate with the Conciliation Officer. No costs. Consequently, M.P. No.1 of 2015 is closed.

ATR -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To The Sub Assistant Registrar, Original Side, High Court, Madras.

Copy to:

The Assistant Labour Commissioner (Central) O/o. the Deputy Chief Labour Commissioner (Central) No.26, Haddows Road, Sastri Bhavan, Chennai-6.

+ 1 cc to M/s.King & Patridge, Advocate SR 26053 + 1 cc to Mr.K.C.Karl Marx, Advocate SR 25977 ug(co) prk3/6 O.S.A. No. 84 of 2015