United Labour Federation, v. The Secretary To Govt.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2016
CORAM
THE HON'BLE MR. JUSTICE N.KIRUBAKARAN W.P.No.18595 of 2016 United Labour Federation rep.by its President No.28/55, Thambu Chetty Street Chennai 600 001.
.. Petitioner vs 1.
The Secretary to Government Industries Department Fort St.George Chennai 600 009.
2.
The Joint Director of Industrial Safety and Health 58, Syrian Church Road Near Corporation Kalyanamandapam Coimbatore 641 001.
3.
The Deputy Commissioner of Labour Office of the Deputy Commissioner of Labour, Dr.Balasundaram Road Behind RTO Office Coimbatore 641 018.
4.
The Assistant Commissioner of Labour (Conciliation 3) Office of the Assistant Commissioner of Labour, Dr.Balasundaram Road Behind RTO Office Coimbatore 641 018.
5.
Steer Engineering (P) Limited rep.by the Chairman 2/85/3, SF No.112 Annur Road, Arasur Post Coimbatore 641 407.
.. Respondents
Petition filed under Article 226 of the Constitution of India, praying this Court for the issuance of a writ of mandamus to direct the respondents 1 to 4 to take legal action as per law against the fifth respondent relating to the patent illegal violations by the first respondent, by declaring partial lock out and paying only the salary for the number of days worked by considering the representation of the petitioner dated 04.03.2016.
For Petitioner ... Mr.K.V.Ananthakrishnan For Respondents... Mr.V.Jayaprakash Narayanan Special Government Pleader for RR1 to 4 Mr.S.Ravindran for R5
ORDER
The petitioner-Union has approached this Court seeking a direction to the respondents 1 to 4 to take legal action against the fifth respondent for declaring partial lock out and paying only the salary for the number of days worked, by considering their representation dated 04.03.2016.
2. Heard Mr.K.V.Ananthakrishnan, learned counsel appearing for the petitioner; Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing on behalf of respondents 1 to 4 and Mr.S.Ravindran, learned counsel appearing for fifth respondent.
3. A perusal of the record would show that the petitionerUnion had already approached the Conciliation Officer on 14.03.2016, viz., the fourth respondent herein, wherein the issue regarding declaration of partial lock out and paying the salary for the number of days worked, has been raised; however, while the matter is pending before the Conciliation Officer, the petitioner-Union by giving a representation dated 04.03.2016 has filed the present writ petition before this Court on 29.04.2016, raising the very same subject matter, which was raised before the Conciliation Officer by couching the prayer in such a manner to direct the respondents 1 to 4 to take legal action as per law against the fifth respondent herein.
4. In view of the fact that the issue raised in this writ petition is already pending consideration before the fourth respondent, the mandamus sought for by the petitioner cannot be
granted. Accordingly, this writ petition is dismissed. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vj2 To 1.
The Secretary to Government Industries Department Fort St.George Chennai 600 009.
2.
The Joint Director of Industrial Safety and Health 58, Syrian Church Road Near Corporation Kalyanamandapam Coimbatore 641 001.
3.
The Deputy Commissioner of Labour Office of the Deputy Commissioner of Labour, Dr.Balasundaram Road Behind RTO Office Coimbatore 641 018.
4.
The Assistant Commissioner of Labour (Conciliation 3) Office of the Assistant Commissioner of Labour, Dr.Balasundaram Road Behind RTO Office Coimbatore 641 018.
1 cc to Government Pleader, sr.37517 1 cc to Mr.S.Ravindran, Advocate, sr.36659 1 cc to Mr.K.V.Ananthakrishnan, Advocate, sr.36553 W.P.No.18595 of 2016 svi co kra 19.07.2016