Sodecia India Thozhilalar v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.30095 of 2015 Sodecia India Thozhilalar Sangam Rep. By its General Secretary, Reg. No.224/KPM, No.133, Gangai Amman Kovil Street, Thabalmedu Village, Bukkathurai Post, Padalam Via, Kancheepuram District.

...Petitioner

-Vs1. The Government of Tamil Nadu, Rep. By its Secretary, Department of Labour and Employment, Fort St. George, Chennai - 600 009.

2. The Assistant Commissioner of Labour, Conciliation 1, Irungattukottai, Sriperumbathur, Kanchipuram - 602 117.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent government to pass orders with regard to the reference of the Industrial Dispute covering the conciliation Failure Report bearing Ref.No.Na.Ka.No.A/698/2014 datd 16.02.2015 under Section 10

(1) of the Industrial Disputes Act with such time as stipulated by this Court.

For Petitioner :

Mr.K.Sudalaikannau For Respondents :

Mr.S.Gunasekaran, Government Advocate.

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner would state that with regard to the wage revision, conciliation proceedings was held by the 2nd respondent, which did not fructify and has sent a failure report to the 1st respondent/Government, vide letter dated 16.02.2015 in Na.Ka.No.Aa/698/2014, however the 1st respondent is yet to take any decision and hence, came forward to file this writ petition.

3. Heard the submissions of Mr.K.Sudalaikannau, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate, who accepts notice on behalf of the respondents.

4. This Court taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the same, directs the 1st respondent to act on the conciliation failure report submitted by the 2nd respondent dated 16.02.2015 in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vsm To

1. The Secretary, Government of Tamil Nadu, Department of Labour and Employment, Fort St. George, Chennai - 600 009.

2. The Assistant Commissioner of Labour, Conciliation 1, Irungattukottai, Sriperumbathur, Kanchipuram - 602 117.

1 CC to Mr.K.Sudalaikannau, Advocate SR.No.52113 W.P.No.30095 of 2015 MP (CO) PSI (12.10.2015)