Bhel-Pppu Thozhilalar v. Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2016

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN W.P. No. 18511 of 2016 & W.M.P. Nos. 16195 & 20650 of 2016 BHEL - PPPU Thozhilalar Sangam (Regn. No. 1429/TRI), rep. by its General Secretary, "Meenal Illam", Sathyamoorthy Nagar, Thirumayam, Pudukkottai District - 622 507.

..Petitioner Vs.

1.

Government of India, rep. by its Secretary, Ministry of Labour and Employment, Rafi Marg, New Delhi - 110 001.

2.

The Assistant Labour Commissioner (Central), DA-2, BSNL Staff Quarters, Jaya Nagar, Reddiarpalayam, Puducherry - 605 010.

3.

Bharath Heavy Electricals Limited, rep. by its General Manager, Power Plant Piping Unit, Tirumayam, Pudukkottai District - 622 507.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to forbear the 3rd respondent management from altering the service conditions of Mr.K. Karthikeyan, Mr.M. Jagadeesh & Mr.Kuralvanan, who are office bearers /members of the trade union in any manner including transfer/deputation or discontinuance of their services or any act which will result in non-employment to them, without getting prior permission under Section 33 of the

Industrial Disputes Act, 1947, in the industrial dispute raised by the Petitioner Union dated 03.03.2016, questioning the layoff which are pending conciliation before the 2nd respondent and further direct the conciliation officer viz., 2nd respondent to conciliate the 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 and in turn, direct the 1st respondent to refer the dispute for adjudication before the competent adjudicator.

For Petitioner ::

Mr.S. Purusothaman For Respondents ::

Mr.A.V. Arun for R3

O R D E R

Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition and he has also made an endorsement to that effect. Accordingly, the writ petition is dismissed as withdrawn. No costs. Connected W.M.Ps are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nv To 1.

The Secretary, Ministry of Labour and Employment, Rafi Marg, New Delhi - 110 001.

2.

The Assistant Labour Commissioner (Central), DA-2, BSNL Staff Quarters, Jaya Nagar, Reddiarpalayam, Puducherry - 605 010.

+2 CC to Mr. S. Purusothaman, Advocate Sr.No.61205 W.P. No. 18511 of 2016 MD : 2/11/2016