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Madras High CourtWP/16758/2025dismissed

The Management v. Secretary To Government Of Tamil Nadu

2025-04-30Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 18992 OF 2025

1. The Management Pradeep Stainless India Pvt. Ltd., Rep.

By Its Chairman B.Ramesh Chand, C-3, Phase-ii, Mepz-sez, Tambaram, Chennai-600 045.

Petitioner(s) Vs

1. Secretary To Government Of Tamil Nadu Labour Welfare And Skill Development (a2) Department, Fort St. George, Chennai-600 009.

2.Chennai Yetrumathi Valagha Uzhiyargal Matrum-pothu Thozhilalargal Sangam, Rep. By Its Secretary, Old No.22, New No.15, Kannan Street, Kadaperi, Chennai-600 045.

Respondent(s)

The Writ petition has been filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, Calling for the records pertaining to G.O. (D) No.537 dated 05.08.2024 issued by the 1st respondent referring the dispute in connection with the non-employment of 51 workmen for adjudication to the Labour Court, Kancheepuram which has been seized as I.D. No.80 of 2024 by the Labour Court, Kancheepuram and quash the same. For Petitioner(s):

Mr. V.SHANMUGANATHAN For Respondent(s):

Mr. K.Surendren, AGP For R1

ORDER

The writ petition has been filed seeking to quash G.O. (D) No.537 dated 05.08.2024 issued by the 1st respondent referring the dispute in connection with the non-employment of 51 workmen for adjudication to the Labour Court, Kancheepuram which has been seized as I.D. No.80 of 2024 by the Labour Court, Kancheepuram.

2. It is the case of the petitioner that he is involved in the manufacture of stainless steel utensils and other household articles. The petitioner company came into existence in the year 2004. The petitioner has its manufacturing unit situated at MEPZ-SEZ Tambaram and it is 100% export oriented. The petitioner challenges the G.O.(D) No.537 dated 05.08.2024 issued by the first respondent in exercise of the powers conferred on him under Section 10(1)(c) & 10 (1)(d) of the ID Act 1947 referring the dispute concerning the non-employment of 51 workmen who claim that they were terminated from service by the petitioner between 2007 to 2011. Out of 51 workmen, 10 workmen were dismissed from

service on 25.01.2008 and approval for their termination was obtained by the petitioner on 12.06.2009. Subsequently, they raised individual dispute under Section 2A of the ID Act, 1947 on 06.07.2009 and the conciliation proceeding failed in April 2010. Consequently, conciliation failure report was submitted by the conciliation officer on 05.04.2010. Subsequently, they did not approach the Labour Court claiming reinstatement. Further, the petitioner were terminated 10 workmen. After lapse of 12 to 15 years, the second respondent had raised an Industrial Dispute under Section 2K of the ID Act, before the Deputy Commissioner of Labour, Sriperumbur and the same had ended in failure. Thereafter, the first respondent had referred the dispute for adjudication by the Labour Court, Kancheepuram without considering the enormous delay in raising the dispute by workmen. The Labour Court, Kancheepuram has seized the reference made by the first respondent as ID. No.80 of 2024. Challenging the said order, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that this Court, without interfering with the impugned order, grants liberty to the petitioner to approach the Labour Court in the manner known to law.

4. The learned Additional Government Pleader appearing for the first respondent has not raised any objection in this regard.

5. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the first respondent and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court without going into the merits of the case, grants liberty to the petitioner to work out their remedy in the manner known to law.

7. In the result, this Writ Petition is dismissed. No costs. 30-04-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Secretary To Government Of Tamil Nadu Labour Welfare And Skill Development (a2) Department, Fort St. George, Chennai-600 009.

M.DHANDAPANI J.

rli 30-04-2025