United Labour Federation v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.28955 of 2017 United Labour Federation , Regon.No.2657/CNI Represented by its Secretary, No.149, Thambu Chetty Street, CJ Complex, Fourth Floor, Chennai-600 001.

..Petitioner .. Vs ..

1.The Government of Tamil Nadu, Rep.by its Secretary, Department of Labour and Employment, Fort. St.George, Chennai.

2.The Assistant Commissioner of Labour(Conciliation-1), Irungaattukottai, Sriperumbudur-602 106.

3.The Management of Severn Glocon India Pvt.Ltd., Represented by its Managing Director, No.F 96 & 97, SIPCOT Industrial Park, Irungattukottai, Sriperumbudur, Kancheepuram District. .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to directing the 2nd respondent herein to conclude the conciliation proceedings in the industrial dispute raised by the petitioner union dated 09.11.2016 bearing reference No.NA.KA.No.Aa/973/2016 in accordance with Section 12(6) the Industrial Disputes Act, 1947 and further direct the 1st respondent to pass orders under Section 10 of the Industrial Disputes Act, for the reference of the industrial dispute, in the event of conciliation proceedings ending in failure, expeditiously within such time as this Hon'ble Court may deem fit.

For Petitioner : Mr.K.Sudalaikannu For Respondents: Mr.A.Raghu for R 1 & R 2 Government Advocate No Appearance for R 3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The relief sought for in this writ petition is for a direction to direct the 2nd respondent to conclude the Conciliation Proceedings in the industrial dispute raised by the petitioner union dated 09.11.2016 bearing reference No.NA.KA.No.Aa/973/2016 in accordance with Section 12(6) the Industrial Disputes Act, 1947.

2.The learned counsel appearing on behalf of the writ petitioner states that the Conciliation report has been submitted by the Officer on 11.09.2017. In view of the submission of the report by the Conciliation Officer, no further adjudication is required in respect of the grounds raised in this writ petition. It is for the first respondent to take a decision based on the report in accordance with the provisions of law based on the records available. Such decision shall be taken without any undue delay.

3.With these observations, the writ petition stands closed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar KP To

1. The Secretary, The Government of Tamil Nadu, Department of Labour and Employment, Fort. St.George, Chennai.

2.The Assistant Commissioner of Labour(Conciliation-1), Irungaattukottai, Sriperumbudur-602 106.

+1cc to Mr.K.Sudalaikannu, Advocate SR.No.29749 W.P.No.No.28955 of 2017 CP(CO) GN(28/04/2018) https://hcservices.ecourts.gov.in/hcservices/