Madras High CourtWP/34923/2015disposed of

Madras Labour Union, v. The Board For Industrial And

2015-10-30Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-10-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.34923 of 2015 1.Madras Labour Union Rep. By its President No.176, Strahans Road Chennai 600 012 2.B & C Mills Staff Union Rep. By its General Secretary No.60, Krishadoss Street Chennai 600 012 .. Petitioners vs 1.The Board for Industrial and Financial Reconstruction Rep. By its Secretary Jawahar Vyapar Bhavan No.1, Tolstoy Marg Janpath, New Delhi 110 001 2.The Management of Binny Ltd., No.106, Armenian Street Chennai 600 001 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to dispose of the petition dated 14.5.2014, and subsequent petitions after affording sufficient opportunity to the petitioners within a time frame. For Petitioners : Mr.N.G.R.Prasad for M/s.Row and Reddy For Respondents : No appearance

ORDER

The grievance expressed by the petitioners, is that none of the sanctioned schemes of the second respondent-company have been implemented and therefore, they have approached the first respondent-BIFR in the form of a petition, for continuance of BIFR Proceedings in Case No.48 of 1993 and to monitor the implementation of the scheme sanctioned by this Court vide order dated 24.9.2003 in made in W.P.No.14856 of 2003, and the BIFR order dated 23.10.2003, and the said petition is pending disposal right from May, 2014 and hence, they came forward to file this writ petition.

https://hcservices.ecourts.gov.in/hcservices/

2.Heard the submissions of Mr.N.G.R.Prasad, learned Counsel appearing for the petitioners, who would submit that the second respondent after getting undue benefits, did not keep it's promise and therefore, the petitioners-Unions are constrained to file a petition in Case No.48/1993 before the first respondent, praying for the above said reliefs, and it is kept pending right from the year 2014 and hence, prays for appropriate direction for expeditious disposal of the said proceedings.

3.This Court, taking into consideration the limited scope of prayer sought for by the petitioners, and without going into the merits of the same, directs the first respondent to consider the petition dated 14.5.2014, submitted by them, on merits and in accordance with law, after putting on notice, the second respondent and pass orders as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the second respondent. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To:

1.The Secretary Board for Industrial and Financial Reconstruction Jawahar Vyapar Bhavan No.1, Tolstoy Marg Janpath, New Delhi 110 001 +1 cc to M/s.Row & Reddy, Advocates, sr.59648 nsv W.P.No.34923 of 2015 ctk co kra 18/11/2015 https://hcservices.ecourts.gov.in/hcservices/