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Madras High CourtWP/14150/2019withdrawn dismissed

Inter Globe Aviation Ltd v. Regional Labour Commissioner (C)

2025-04-03Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.14210, 14212 & 14221 of 2019 and 13939 of 2020 W.P.Nos.14150 & 14155 of 2019 Inter Globe Aviation Ltd., Level 3, Tower - C, Global Business Park, Mehruali Gurgaon Road, Gurgaon - 122 002, Haryana (India), Rep. by its Authorisd Signatory, Mr.Rahul Kumar ... Petitioner Vs.

1.Regional Labour Commissioner (C), Chennai, 2.The Labour Enforcement Officer (Central)/RY, Chennai, 3.M/s.Krystal Aviation Services Pvt. Limited, Rep. Shri Amit Pawar, Director, 17, Krystal House, Dr. Manikar Road, Sion, Mumbai - 400 022.

... Respondents Page No.1 of 6

Prayer in W.P.No.14150 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records leading to Claim Application No.263 of 2019No.M39/(MWA)/263/2019-B2 dated 16.04.2019 issued by the 1st respondent and quash the same.

Prayer in W.P.No.14155 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Prohibition, prohibiting the 1st and 2nd respondents from proceeding with the petition dated 18.07.2018 filed by the 2nd respondent under Section 20(2) of the Minimum Wages Act, 1948 with the 1st respondent numbered as Claim Application 263 of 2019 or any other similar petition. W.P.Nos.14150 & 14155 of 2019 For Petitioner : Mr.P.Giridharan For Respondents : Mr.G.Baskaran [R1 & R2] Mr.Arun Karthik Mohan [R3] W.P.Nos.11428, 11431 & 11433 of 2020 Inter Globe Aviation Ltd., Level 3, Tower - C, Global Business Park, Mehruali Gurgaon Road, Gurgaon - 122 002, Haryana (India), Rep. by its Authorisd Signatory, Mr.Rahul Kumar ... Petitioner Vs.

1.Union of India, Ministry of India & Employment, Rep. by its Secretary, Rafi Marg, New Delhi - 110 001.

Page No.2 of 6

2.Deputy Director General, Directorate General of Employment, Ministry of Labour & Employment, Rafi Marg, New Delhi - 110 001.

3.Chief Labour Commissioner (Central), Office of the Chief Labour Commissioner, Ministry of Labour & Employment, Rafi Marg, New Delhi - 110 001.

4.Regional Labour Commissioner (C), Chennai, ... Respondents Prayer in W.P.No.11428 of 2020 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare that the notification bearing S.O.192(E) dated 19.01.2017 issued by the 2nd respondent and all subsequent orders/circulars thereof, (in so far as inclusion of the words 'Loading and Unloading in Passenger Goods and Cargo carried out at Airports Both International and Domestic is concerned) as ultra vires, contrary and repugnant to the scheme and provisions of Section 2(b) of the Minimum Wages Act, 1948 and beyond the delegated powers given to the 2nd respondent. Prayer in W.P.No.

11431 of 2020 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare that the notification issued vide F.No.1/13(7)/2017-LS II dated 17.03.2017 and Corrigendum dated 29.03.2017 by the 3rd respondent (in so far as inclusion of the words 'Loading and Unloading in Passenger Goods and Cargo carried out at Airports Both International and Domestic Page No.

is concerned) as ultra vires, contrary and repugnant to the scheme and provisions of Section 2(b) of the Minimum Wages Act, 1948 and beyond the delegated powers given to the 2nd respondent. Prayer in W.P.No.11433 of 2020 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare that the order issued vide F.No.1/38(1)2018-LS II dated 28.09.2018 by the 3rd respondent (in so far as inclusion of the words 'Loading and Unloading in Passenger Goods and Cargo carried out at Airports Both International and Domestic is concerned) as ultra vires, contrary and repugnant to the scheme and provisions of Section 2(b) of the Minimum Wages Act, 1948 and beyond the delegated powers given to the 2nd respondent.

W.P.Nos.11428, 11431 & 11433 of 2020 For Petitioner : Mr.P.Giridharan For Respondents : Mr.R.Rajesh Vivekananthan Deputy Additional Solicitor General ***** COMMON ORDER When these matters were taken up for hearing today, the learned counsel appearing for the petitioner sought permission of this Court to withdraw these Writ Petitions. An Endorsement to the said effect is also made by the learned counsel for the petitioner in the Petition. Page No.4 of 6

2. In view of the submission of the learned counsel appearing for the petitioner, these Writ Petitions are dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are closed. 03.04.2025 Index : Yes / No (2/2) Speaking order / Non-speaking order sp To 1.The Secretary, Union of India, Ministry of India & Employment, Rafi Marg, New Delhi - 110 001.

2.The Deputy Director General, Directorate General of Employment, Ministry of Labour & Employment, Rafi Marg, New Delhi - 110 001.

3.The Chief Labour Commissioner (Central), Office of the Chief Labour Commissioner, Ministry of Labour & Employment, Rafi Marg, New Delhi - 110 001.

Page No.5 of 6

M.DHANDAPANI, J.

sp 4.The Regional Labour Commissioner (C), Chennai, 5.The Labour Enforcement Officer (Central)/RY, Chennai, 03.04.2025 (2/2) Page No.6 of 6