Ucal Employees Union v. The Government Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P.No.15999 of 2022 UCAL Employees Union, Rep. By its General Secretary, Reg.No.RTU/1188/2000, No.42, Bharathi Mill Thittu, Cuddalore Road, Mudaliarpet, Puducherry - 605 004.

...Petitioner

Vs 1.The Government of Puducherry, Rep. by its Secretary, Department of Labour and Employment, Puducherry - 605 009.

2.The Commissioner of Labour, 2nd Floor, Labour Complex, Gandhinagar, Puducherry - 605 009.

3.The Labour Officer (Conciliation), No.15, First Floor, Nehru Nagar, Puducherry - 605 011.

4.The Management of UCAL Fuel System Limited, Rep. By its Managing Director, No.A98, A 107, PIPDIC Industrial Estate, Mettupalayam, Puducherry - 605 009.

... Respondents 1/6

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 4th respondent not to give effect to the alleged closure of Plant-2/factory at the above-mentioned address with effect from 12.03.2022 or from any other date and not to retrench or terminate the services of the petitioner union members and not to alter the conditions of service of the petitioner union members and to maintain the status quo as on 10.03.2022 and not to remove the plant and machineries and other movables and not to create any encumbrance over the property and not to sell the lands and property of Plant - II/Unit - 2 at the above-mentioned address, till the dispute against the closure notice issued by the 4th respondent dated 10.01.2022 under Section 25(FFA) of the ID Act, proposing to close down the factory at the above-mentioned address with effect from 12.03.2022, is either settled or adjudicated by the competent Tribunal/Labour Court.

For Petitioner : Mr.V.Ajay Khose For Respondents : Mrs.G.Djearani Government Advocate (P) for R1 to R3 M/s.Gupta and Ravi for R4

O R D E R

This writ petition has been filed directing the 4th respondent not to give effect to the alleged closure of Plant-2/factory with effect from 2/6

12.03.2022 or from any other date and not to retrench or terminate the services of the petitioner union members and not to alter the conditions of service of the petitioner union members and to maintain the status quo as on 10.03.2022 and not to remove the plant and machineries and other movables and not to create any encumbrance over the property and not to sell the lands and property of Plant - II/Unit - 2 at the above-mentioned address, till the dispute against the closure notice issued by the 4th respondent dated 10.01.2022 under Section 25(FFA) of the ID Act, proposing to close down the factory at the above-mentioned address with effect from 12.03.2022.

2. Heard the arguments of the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

3. After some arguments, learned counsel on both sides would submit that some Industrial Disputes are pending between the same union and same management. As far as the prayer sought for in this petition is concerned, without approaching the labour Court for appropriate orders, the petitioner approached this Court by way of writ of mandamus. Therefore, the prayer of the writ petitioner cannot be considered in this writ 3/6

petition. Therefore, the petitioner is at liberty to approach the appropriate forum in accordance with law. The petitioner is entitled to benefit of Section 14 of Limitation Act for the period of pendency of this writ petition.

4. With the above said observation, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. 24.07.2025 Index : Yes/No Speaking order:Yes/No ub 4/6

To 1.The Government of Puducherry, Rep. by its Secretary, Department of Labour and Employment, Puducherry - 605 009.

2.The Commissioner of Labour, 2nd Floor, Labour Complex, Gandhinagar, Puducherry - 605 009.

3.The Labour Officer (Conciliation), No.15, First Floor, Nehru Nagar, Puducherry - 605 011.

4.The Management of UCAL Fuel System Limited, Rep. By its Managing Director, No.A98, A 107, PIPDIC Industrial Estate, Mettupalayam, Puducherry - 605 009.

5/6

P.DHANABAL , J.

ub 24.07.2025 6/6