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Madras High CourtWP/15173/2023dismissed as infructuous

Union For All Staff In Vinayaka Missions v. Governemnt Of Puducherry

2025-07-01Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :01.07.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.15173 of 2023 and W.M.P.No.14673 of 2023 Union for All Staff in Vinayaka Missions Medical College & Hospital Rep. by its President, No. 9, M.G.J. Nagar, 1st Cross, P.K. Salai, Karaikal- 609 602 Union Territory of Puducherry.

... Petitioner vs1. Government of Puducherry, Rep. by its Secretary to the Government, Department of Labour Chief Secretariat, Union Temporary of Puducherry.

2. The Labour Commissioner, 2nd Floor, Labour Department Complex, Vazhudamur Road, Gandhi Nagar, Puducherry 605 609.

3. The Labour Officer (Conciliation), Officer of the Labour Officer, Government of Puducherry, Karaikal, U.T. of Puducherry.

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4. Vinayaka Missions Medical College and Hospitals, Rep. By its Dean, Keezhakasakudimedu, Kottucherry Post, Karaikal 609 609, UT of Puducherry.

5. Vinayaka Mission's Medical College and, Hospitals Non-Teaching Staff Union, Rep. by its Secretary, Keezhakasakudimeedu, Kottucherry Post, Karaikal 609 609, UT of Puducherry.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd Respondent to conclude the conciliation proceedings on the dispute relating to the demand of Union raised along with the strike notice dated 24.04.2023 issued in 'Form L' in proceeding No. 761/Lo/KKL/2023 and to bring an amicable settlement and to issue failure report to the 1st Respondent, if there is no possibility for any settlement within specified time; to direct the 1st Respondent to refer the dispute for adjudication to the Tribunal/ Labour Court Puducherry and to initiate criminal action on the complaint dated 03.05.2023 under Section 31(1) read with 34(1) of the ID Act, within a specified time and for a direction to the 4th Respondent management not to alter the conditions of service of the regular staff and from granting any promotion till the dispute is either settled or adjudicated, award costs.

For Petitioner : Ms.V.Porkodi 2/5

For Respondents - 1 to 3 : Dr. Ramasamy, Additional Government Pleader (P) For Respondents - 4 to 5 : Mr. Z. John

ORDER

It is informed by the learned counsel for the respondents that the relief claimed in this writ petition has already been granted and the matter was referred before the Labour Court-cum-Industrial Tribunal, Pondicherry in I.D(T) Nos.9,10,11 and 12 of 2023. Therefore, nothing survives for consideration in this Writ Petition. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

01.07.2025 Index: Yes/No Speaking order/non-speaking order srn To, 3/5

1. The Secretary to the Government, Government of Puducherry, Department of Labour Chief Secretariat, Union Temporary of Puducherry.

2. The Labour Commissioner, 2nd Floor, Labour Department Complex, Vazhudmur Road, Gandhi Nagar, Puducherry 605 609.

3. The Labour Officer (Conciliation), Officer of the Labour Officer, Government of Puducherry, Karaikal, U.T. of Puducherry.

4. The Dean Vinayaka Missions Medical College and Hospitals, Keezhakasakudimeedu, Kottucherry Post, Karaikal 609 609, UT of Puducherry.

5. The Secretary Vinayaka Missions Medical College and, Hospitals Non- Teaching Staff Union, Keezhakasakudimeedu, Kottucherry Post, Karaikal 609 609, UT of Puducherry.

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P.T.ASHA, J., srn W.P.No.15173 of 2023 and W.M.P.No.14673 of 2023 01.07.2025 5/5