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Madras High CourtWP/30893/2013dismissed as infructuous

Carborundum Universal v. The Deputy Commissioner Of

2015-01-13Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.01.2015

CORAM

THE HON'ble Mr.JUSTICE M. DURAISWAMY W.P.Nos.30893 of 2013 and 34179 of 2013 and M.P.Nos.1 of 2013 ( 2 in Nos.) Carborundum Universal Employees Union, (Regd.No.DRP/119), rep by its General Secretary, 13, Jawahar Nagar, Krishnagiri Road, 1st Street, Near St. Joseph ITI, Hosur-635109 .... Petitioner in both the writ petitions vs

1. The Deputy Commissioner of Labour, Salem ..1st Respondent in W.P.30893/13

2. The Assistant Commissioner of Labour, Salem ..2nd Respondent in both W.Ps.

3. The Labour Officer, Krishnagiri ..3rd Respondent in W.P.30893/2013

4. The Management of Carborundum Universal Limited, Bonded Abrasives Division, 48, SIPCOT Industrial Complex, Hosur - 635 126 ..4th Respondent in W.P.30893/13 and 3rd Respondent in W.P.34179/13

5. Carborundum Universal Workers Unity Trade Union, rep by its General Secretary, 584, A1, First Cross, M.G.R. Nagar, Mookkandapalli, Hosur-635 126 ...5th Respondent in WP No.30893 of 2013

6. The Government of Tamil Nadu, rep by its Secretary to Government, Labour & Employment Department, Fort St. George, Chennai-600 009 1st Respondent in W.P.34179/13

Writ Petition in WP No.30893 of 2013 filed under Article 226 of the Constitution of India seeking for a direction to issue a Writ of Mandamus forbearing the respondents 1 to 5 from arriving at any settlement either under Section 12(3) or under Sectoin 18(1) of the Industrial Disputes Act, 1947 pursuant to the Memorandum of Understanding dated 6.11.2013 arrived at between 4th and 5th respondent Writ Petition in W.P.No.34179 of 2013 filed under Article 226 of the Constitution of India seeking for a direction to issue a Writ of Mandamus directing the 2nd respondent to conclude conciliation talks in respect of industrial dispute pending before him in Na.Ka.No.

AA1/8550/2013 and submit conciliation failure report as per Section 12(4) of the Industrial Disputes Act, 1947 to the 1st respondent at the earliest and consequently direct the 1st respondent to refer the industrial dispute for adjudication to the Industrial Tribunal, Tamil Nadu at Chennai for speedy disposal and pass orders. For petitioner in : Mr.K.M. Ramesh W.P.No.30893/2013 For respondents 1 to 3 : Mr.R.A.S. Senthilvel AGP For respondents 4 & 5 : Mr.R. Prabhakaran W.P.24179/13 For petitioner : Mr.K.M. Ramesh For respondents 1&2 : Mr.R.A.S. Senthilvel AGP For 3rd respondent : Mr.Ravi for M/s Gupta and Ravi COMMON ORDER The petition in WP No.

30893 of 2013 has been filed by the petitioner seeking for a writ of Mandamus forbearing the respondents 1 to 5 from arriving at any settlement either under Section 12(3) or under Section 18(1) of the Industrial Disputes Act, 1947 pursuant to the Memorandum of Understanding dated 6.11.2013 arrived at between 4th and 5th respondent.

The petition in WP No.34179 of 2013 has been filed by the petitioner seeking for a Writ of Mandamus directing the 2nd respondent to conclude conciliation talks in respect of industrial dispute pending before him in Na.Ka.No.AA1/8550/2013 and submit conciliation failure report as per Section 12(4) of the Industrial Disputes Act, 1947 to the 1st respondent at the earliest and consequently direct the 1st respondent to refer the industrial dispute for adjudication to the Industrial Tribunal, Tamil Nadu at Chennai for speedy disposal and pass orders.

2.

The learned counsel appearing on either side submitted that the issue involved in both these writ petitions are common. Therefore, both the writ petitions are disposed of by a common order. 3.

The learned counsel for the petitioner submitted that the conciliation talks in respect of the Industrial Dispute, pending before the second respondent, was concluded and pursuant to the conciliation failure report, the first respondent referred the Industrial Distpute for adjudication to the Industrial Tribunal and that, the case was numbered as I.D.No.27 of 2014 on the file of the Industrial Tribunal, Chennai.

4.

Since the Industrial Dispute has been referred to the Industrial Tribunal for adjudication in I.D.No.27 of 2014, nothing survives for adjudication in these writ petitions. 5.

Therefore, both the writ petitions are dismissed as infructuous. However, the Industrial Tribunal is directed to dispose of the case in I.D.No.27 of 2014, on merits and in accordance with law, within a period of nine months from the date of receipt of copy of this order. No costs.

Consequently, connected Mps are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sr To

1. The Deputy Commissioner of Labour,Salem

2. The Assistant Commissioner of Labour,Salem

3. The Labour Officer, Krishnagiri

4. The Secretary to Government, Government of Tamil Nadu, Labour & Employment Department, Fort St. George, Chennai-600 009

5. The Presiding Officer, Industrial Tribunal, Chennai. + 1 cc to Mr.K.M.Ramesh, Advocate Sr.2538 + 1 cc to Mr.R. Prabhakaran, Advocate Sr.2129 + 1 cc to the Government Pleader Sr.2251 W.P.Nos..30893 of 2013 and 34179 of 2013 GR(CO) EU 30.1.15