United Labour Federation v. The Director Of Industrial

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH United Labour Federation, Regn.No.2657/CNI, Represented by its Secretary, No.149, IV Floor, C.J. Complex, Thambuchetty Street, Chennai - 600 001.

...Petitioner

Vs 1.The Director of Industrial Safety and Health (Chief Inspector of Factories), Chepauk, Chennai - 600 005.

2.The Deputy Director of Industrial Safety and Health Circle-II, Coimbatore, No.139/A, Mettupalayam Road, Thiruvalluvar Pokkuvarathu Kazhaga Valagam, Goundampalayam, Coimbatore - 641 030.

3.The Joint Director of Industrial Safety and Health, No.525, Cross Cut Road, Thalaivasal Complex, Coimbatore - 641 030, Coimbatore.

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in connection with proceedings bearing Ref.No. Na.Ka.No.Aa/881/2014 dated 14.02.2014 and quash the same and further direct the respondents herein to take appropriate action on the complaint made by the petitioner dated 04.02.2014.

For Petitioner : Mr.V.Prakash, Sr. Counsel for Mr.K.Sudalai Kannu For R1 : Dismissed vide Court order dated 28.02.2019 For R2 & R3 : Mr.D.Velu, Additional Government Pleader

ORDER

The grievance of the petitioner Union revolves around a lockout declared by the Company and the consequential allegation of engagement of contract labourers by the management.

2. It is now stated by the learned Senior Counsel appearing for the petitioner that this dispute is a subject matter of proceedings before the Industrial Tribunal as well as the Labour Court, Coimbatore. 2/4

3. If that be so, it would not be appropriate to parallelly adjudicate the present Writ Petition on the same dispute. Accordingly, the Writ Petition stands closed with liberty to the petitioner to raise all grounds in this Writ Petition before the concerned Industrial Tribunal/Labour Court. No costs. 29.09.2022 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Deputy Director of Industrial Safety and Health Circle-II, Coimbatore, No.139/A, Mettupalayam Road, Thiruvalluvar Pokkuvarathu Kazhaga Valagam, Goundampalayam, Coimbatore - 641 030.

2.The Joint Director of Industrial Safety and Health, No.525, Cross Cut Road, Thalaivasal Complex, Coimbatore - 641 030, Coimbatore.

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M.S.RAMESH,J.

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