Tamilnadu Trade Union Centre, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.04.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.1517 of 2018 and W.M.P.No.1925 of 2018 Tamil Nadu Trade Union Centre, (Centre for organized and unorganized workers) Reg.No.1324/VLR.

Panakara Street Corner(Upstair) PMS Kollai, Ambur - 635 802, Represented by its General Secretary, J.Ruban, 43 years, S/o.Jesudoss.

..Petitioner vs 1.The State of Tamil Nadu, Represented by its Secretary, Labour and Employment Department, Fort St.George, Chennai - 600 009.

2.The District Labour Officer-II, No.2, Thiyagarajapuram, Vellore, Vellore District.

3.M/s.Florind Shoes Pvt.Ltd., Rep.by its Secretary, M.C.Road, Solur, Ambur Taluk - 635 814, Vellore District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to consider the representation of the petitioner dated 05.01.2018 and expediously file a complaint of unfair Labour practice under I.D.Act against the third respondent herein in accordance with law.

For Petitioner : M/s.A.Ramesh For Respondents : Mr.A.Raghu, Government Advocate for R.1 & R.2

O R D E R

The grievance of the writ petitioner is that the petitioner/Tamil Nadu Trade Union Centre, has given a representation to the 2nd respondent on 19.12.2017 in respect of certain unlabour practices adopted by the 3rd respondent management. However, no action has been taken in respect of the representation/complaint given by the petitioner. Thus, the writ petitioner is constrained to move the present writ petition. 2.This Court is of an opinion that the complaint/representation if any made, is to be considered on merits and in accordance with law. Thus, without going into the merits of the matter, the 2nd respondent is directed to consider the representation submitted by the writ petitioner on 05.01.2018 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is also directed to enclose the copy of the representation and all relevant documents if any, along with the orders passed in this writ petition.

3.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. -Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The Secretary, The State of Tamil Nadu, Labour and Employment Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The District Labour Officer-II, No.2, Thiyagarajapuram, Vellore, Vellore District.

+ 1 cc to Mr.R.Sankarasubbu, Advocate Sr.No.25269 W.P.No.1517 of 2018 RJ(CO) RRI 18/04/2018