Workmen Of Arvind Remedies v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.31611 of 2015 Workmen of Arvind Remedies Limited Through United Labour Federation Represented by its Secretary .. Petitioner/Union Vs.

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 - II, Kuralagam Chennai - 600 108 .. Respondents Prayer :

Petition filed under Article 226 of the Constitution of India to issue 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/1032/2014 dated 29.04.2015 under section 10 (1) of the Industrial Disputes Act within such time as stipulated by this Honourable Court may deem fit and proper in the facts and circumstance of the case, award costs.

For Petitioner : Mr.K.Sudalaikannu For Respondents : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner Union raised an industrial dispute under Section 2K of the Industrial Disputes Act, 1947 with regard to the wage revision and other disputes and the second respondent has held the conciliation proceedings and sent failure report dated 29.04.2015 to the first respondent and since no orders have been passed by the first respondent, the petitioner came forward to file this writ petition.

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3. Heard the submissions of Mr.K.Sudalaikannu, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader 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, directs the first respondent to consider the failure report of the second respondent in the proceedings dated 29.04.2015 in Na.Ka.No.A/1032/2014 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 as well as to the Management.

5. The writ petition is disposed of accordingly. No costs. Pri Sd/- Assistant Registrar (CS-IV) /True Copy/ Sub-Assistant Registrar 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 - II, Kuralagam, Chennai - 108 +1 C.C. To MR.K.Sudalaikannu, Advocate in SR.NO.54497 +1 C.C. Government Pleader in SR.NO.54696 W.P.No.31611 of 2015 VSN(CO) sd : 19/10/2015 https://hcservices.ecourts.gov.in/hcservices/