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.28961 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), Irungaattukottai, Sriperumbudur-602 106.

3.The Management of Foxcon Technologies India Pvt.Ltd., High Tech Special Economic Zone, SIPCOT, Suguvaarchathiran, Sriperumbudur, Kancheepuram-602 106.

.. 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 20.10.2016 bearing reference no.NA.KA.No.Aa/880/2016 in accordance with Section 12(6) the Industrial Disputes Act, 1947 and forward the report to the 1st respondent government and consequently direct the 1st respondent to pass orders under Section 10 of the Industrial Disputes Act with regard to 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 Mr.S.Makesh for R 3

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 20.10.2016 bearing reference no.NA.KA.No.Aa/880/2016 in accordance with Section 12(6) the Industrial Disputes Act, 1947.

2.The learned counsel appearing on behalf of the 3rd respondent brought to the notice of this Court that the Conciliation proceedings were concluded, and the Conciliation Officer submitted his report to the appropriate Authority. Thus, it is for the 1st respondent to consider the report and take appropriate decision on that, on merits, and in accordance with law.

3.In view of the fact that the Conciliation report was already submitted. No further adjudication is required in respect of the relief as such sought for in this writ petition. Accordingly, 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), Irungaattukottai, Sriperumbudur-602 106.

3.The Management of Foxcon Technologies India Pvt.Ltd., High Tech Special Economic Zone, SIPCOT, Suguvaarchathiran, Sriperumbudur, Kancheepuram-602 106.

+1cc to Mr.K.Sudalaikannu, Advocate SR.No.29754 +1cc to Mr.S.Makesh, Advocate SR.No.29153 W.P.No.No.28961 of 2017 CP(CO) GN(28/04/2018)