Unipreess India Employees Unio v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 29.09.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.30608 of 2015 Unipress India Employees Union Rep by its General Secretary, Reg No.471 No.36, Rajeev Gandhi Street, Aayakolathur, Thodukadu, Kanchipuram - 602 105.
..Petitioner
Versus
1. 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.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 1st 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/1323/2014 dated 17.06.2015 under section 10(1) of the Industrial Disputes Act.
For Petitioner : Mr.K.Sudalaikannu For RR 1 & 2 : Mr.R.Vijayakumar, AGP
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner claims that it is having membership of 250 workers who are employed in the factory, viz., "Unipress India Private Limited, SIPCOT Industrial Growth Centre", Aayakolathur, Vadakkupattu Post, Sriperumbudur, Kancheepuram District and it is manufacturing automobile spare parts and supplies to "Nissan Car Factory". It is further stated that the respondent/Management tried to increase the shift working hours from 8 hours to 9 hours without any https://hcservices.ecourts.gov.in/hcservices/
corresponding increase in salary/wages and before raising an industrial dispute, there was a Bilateral Negotiation and since it is not fructified, the petitioner raised an Industrial Dispute and it was referred to the 2nd respondent/Conciliation Officer for conciliation. The Conciliation Officer, after conducting the proceedings, has submitted the Conciliation Failure Report, bearing Na.Ka.No.A/1323/2014 dated 17.06.2015 to the 1st respondent and however, no action has been taken by the 1st respondent for referring the dispute and therefore, the petitioner came forward to file this writ petition.
Heard the submissions of the learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. This Court, taking into consideration, the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the 1st respondent to take into consideration the Conciliation Failure Report dated 17.06.2015 submitted by the Conciliation Officer and pass orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar True Copy Sub Assistant Registrar AP To
1. 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.
+1 cc to M/S.K.Sudalaikannu,Advocate(sr.52850) W.P.No.30608/2015 ppa(co) cp 26/10/2015 https://hcservices.ecourts.gov.in/hcservices/