Chief Operating Officer(Coo) v. S.Neela

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2018

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.No.844 of 2015 and M.P.No.1 of 2015 Chief Operating Officer, (COO) GVK EMRI, 108 Ambulance Services, Chennai.

.. Petitioner Vs.

1.S.Neela 2.S.Radhika 3.A.Devi 4.S.Mayakrishnan 5.D.Sabarisan 6.P.Pandiyan 7.A.Vennila 8.T.Selvakumar 9.V.Priya 10.G.Ramar 11.N.Srinivasan 12.S.Sathya 13.M.Ramesh Babu 14.S.Mani 15.P.Srinivasan 16.Project Director, TNHSP 108 Ambulance Services Chennai.

17.Emergency Management Executive (EME), GVK - EMRI, 108 Ambulance Services, Room No.131, District Collector Office, Salem District.

.. Respondents PRAYER: Petition has been filed under Section 24 of C.P.C., to permit the petitioner to withdraw C.P.No.93 of 2015 pending before the Labour Court at Salem and to transfer the same to Labour Court at Chennai.

For Petitioner : Mr.K.Rajasekaran For R1 to R15 : Mr.D.Gopal For R16 & 17 : No Appearance

O R D E R

This Petition is filed to permit the petitioner to withdraw C.P.No.93 of 2015 pending before the Labour Court at Salem and to transfer the same to Labour Court at Chennai. 2.The petitioner is the first respondent, respondents 1 to 15 are the claimants and respondents 16 and 17 are the respondents 2 and 3 in C.P.No.93 of 2015 on the file of the Labour Court at Salem.

3.According to the petitioner, the respondents 1 to 15 are the employees who filed the said petition for raising Industrial Dispute seeking payments of bonus and incentives before Labour Court, Salem. Other employees also raised Industrial Dispute in different Labour Courts. The petitioner and respondents 16 and 17 are the persons incharge of managing the Emergency services. The 17th respondent has no role to play in the management. Only to convert jurisdiction of Labour Court, Salem, the 17th respondent is added as a party to C.P.No.93 of 2015 filed by the respondents 1 to 15. The Executives who are in management of organisations are stationed in Madras and it will be very difficult for them to travel to different places to conduct the case.

4.Heard the learned counsel for the petitioners as well as the respondents 1 to 15 and perused the materials available on record.

5.The petitioner has sought for transfer of C.P.No.93 of 2015 now pending before the Labour Court, Salem to Labour Court, Chennai. It is an admitted case that petitioner and 16th respondent conducted other cases in Salem and other Claim Petitions filed by other employees before the Labour Court in different places and some of the Claim Petitions are also disposed of. The reason given by the petitioner for transfer is not valid.

6.In the result, this Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gsa To The Labour Court Judge, Salem.

+1 cc to Mr.K.Rajasekar Advocate sr 26515 +1 cc to Mr.P.Gopal Advocate sr 25791 Tr.C.M.P.No.844 of 2015 and M.P.No.1 of 2015 aa23/04/2018