United Labour Federation v. The Government Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28-04-2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17554 of 2017 United Labour Federation Regd. No.2657/CNI, Represented by its Secretary, No.149, C.J.Complex, IV Floor, Thambuchetty Street, Chennai-600 001.

..

Petitioner Vs.

1.The Government of Puducherry, Represented by its Secretary, Labour and Employment Department, Beach Road, White Town, Puducherry-605 001.

2.The Labour Officer (Conciliation), 15, First Floor, Nehru Nagar, Puducherry.

3.The Management of Lanson Motors Private Limited, 53/1A, Cuddalore Main Road, Opp. Rajiv Gandhi Engineering College, Bahoor, Kirumapakkam, Puducherry-607 402.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the second respondent to forward the conciliation failure report to the first respondent Government and further the first respondent to pass orders with regard to the reference of the Industrial Dispute covered by the conciliation Ref.No.810/LOC/AIL/2016 under Section 10(1) of the Industrial Disputes Act expeditiously.

For Petitioner : Mr.K.Sudalai Kannu For Respondents-1&2 : Mr.B.Nambi Selvan, Additional Government Pleader.

For Respondent-3 : Mr.M.S.Soundararajan

O R D E R

The relief sought for in this writ petition is for a direction to direct the second respondent to forward the https://hcservices.ecourts.gov.in/hcservices/

conciliation failure report to the first respondent-Government and further the first respondent to pass orders with regard to the reference of the Industrial Dispute covered by the conciliation Ref.No.810/LOC/AIL/2016 under Section 10(1) of the Industrial Disputes Act expeditiously.

2. The learned counsel, appearing on behalf of the writ petitioner, states that the Conciliation Officer already submitted his report on 23.5.2017 itself. Thus, the said report is to be forwarded to the first respondent-Government and the first respondent-Government has to consider the report, take a decision and pass orders in accordance with the provisions of the Industrial Disputes Act. Accordingly, the first respondentGovernment is directed to consider the report and take appropriate decision under the provisions of the Act, within a reasonable period of time, preferably within a period of twelve weeks from the date of receipt of a copy of this order.

3. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar Svn To 1.The Secretary, Government of Puducherry, Labour and Employment Department, Beach Road, White Town, Puducherry-605 001.

2.The Labour Officer (Conciliation), 15, First Floor, Nehru Nagar, Puducherry.

+1cc to Government Pleader SR.No.32663 W.P.No.17554 of 2017 GJ(CO) GN(11/05/2018) https://hcservices.ecourts.gov.in/hcservices/