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Madras High CourtWP/29782/2014disposed of

Mr.S.Chandra Bahadur v. Assit. Commissioner Of Labour

2015-02-24Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.29782 of 2014 & M.P. No.1 of 2014 S.Chandra Bahadur MRF Employees Union, Thiruvottiyur, Chennai - 19.

Rep.by its General Secretary, C.R.Prabakaran

...Petitioner

vs.

1 Assistant Commissioner of Labour (Conciliation I), Kurlagam, N.S.C. Bose Road, Chennai-600 104.

2 The Management of MRF Ltd., Rep. by its Managing Director, Tiruvottiyur, Chennai-19 3 The Government of Tamil Nadu, Rep. by its Secretary, Department of Labour & Employment Fort St. George, Chennai- 600 009.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the 1st respondent to conclude the conciliation proceeding pertaining to the Industrial Dispute raised by the petitioner on 1.8.2014 in respect of Management seeking to alter the Date of Birth of Mr.S.Chandra Bahadur in the event of failure of Conciliation communicting the conciliation Failure Report to the 3rd respondent with the consequent direction to the 3rd respondent with reference to the Industrial Dispute of the petitioner expeditiously and within such time as deem fit and proper by this Honourable court and award costs.

For Petitioner :

Mr.Ranganathan Reddy for M/s.King & Patridge For Respondents :

Mr.V.Subbiah, Special Govt. Pleader

ORDER

The above writ petition has been filed by the petitioner to issue a writ of mandamus, directing the first respondent to conclude the conciliation proceeding pertaining to the Industrial Dispute raised by him on 1.8.2014 in respect of Management seeking to alter the Date of Birth of the petitioner in the event of failure of Conciliation communicating the conciliation Failure Report to the third respondent with consequential direction to the third respondent with reference to the Industrial Dispute of the petitioner expeditiously and within a stipulated time.

2. Heard Mr.Ranganathan Reddy, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader appearing for the respondents.

3. Learned counsel on either side represented that the dispute raised by the petitioner is pending before the first respondent and therefore, the first respondent may be directed to conclude the conciliation proceeding within a stipulated time.

4. Taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the first respondent to conclude the conciliation proceeding pertaining to the industrial dispute raised by the petitioner on 1.8.2014, within a period of four weeks from the date of receipt of a copy of this order. With this observation, the writ petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

Rj To 1 The Assistant Commissioner of Labour (Conciliation I), Kurlagam, N.S.C. Bose Road, Chennai-600 104.

2 The Managing Director, Management of MRF Ltd., Tiruvottiyur, Chennai-19 3 The Secretary, Department of Labour & Employment Fort St. George, Chennai- 600 009.

1 CC to M/s.King & Patridge, Advocate SR.No. 10054 1 CC to the Government Pleader, SR.No. 10224 W.P.No.29782 of 2014 & M.P. No.1 of 2014 RK (CO) PSI (09.03.2015)