M/S.Indian Oil Corporation Limited, v. Commissioner Of Civil Supplies And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No.18566, 18660 and 18663 of 2019 and W.M.P. Nos.17898, 17899, 17995, 17997, 18001 and 18002 of 2019 M/s.Indian Oil Corporation Limited, Indian Oil Bhavan, 139, Nungambakkam High Road, Chennai - 600 034.
... Petitioner in W.P. No.18566 of 2019 M/S.Hindustan Petroleum Corporation Limited., Rep. By Deputy General Manager-LPG Region, Petro Bhavan, Third Floor, No.82, TTK Road, Alwarpet, Chennai - 600 018.
... Petitioner in W.P. No.18660 of 2019 M/s.Bharat Petroleum Corporation Limited, Rep. By its Territory Manager (LPG) No.1, Ranganathan Garden, Off:11th Main Road, Anna Nagar, Chennai - 600 040.
... Petitioner in W.P. No.18663 of 2019 Vs.
1.Commissioner of Civil Supplies and Consumer Protection Department, Ezhilagam, Chennai.
2.Director General of Police, State of Tamil Nadu, Chennai.
3.M.Ponnambalam,
4. N.R.Karthick ... Respondents in all WPs.
Common Prayer :Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents 1 and 2 to invoke the powers under the Essential Commodities Act, 1955 and other statutory enactment to take immediate steps for ensuring uninterrupted and continuous supply of LPG products at all locations of the PetitionerCorporation in the State of Tamil Nadu.
For Petitioners:Mr.V.Anantha Natarajan in all Wps. For Respondents:Mr.L.P.Shanmugasundaram, Special Government Pleader for R1 in all WPs Mr.J.Purushothaman, Government Advocate for R2 in all WPs Mr.S.Senthil for R3 and R4 in all WPs.
C O M M O N O R D E R These Writ Petitions have been filed to direct the First and Second Respondents to invoke the powers under the Essential Commodities Act, 1955, and other statutory enactment to take immediate steps for ensuring uninterrupted and continuous supply of LPG products at all locations of the Petitioner/Corporation in the State of Tamil Nadu, in the wake of a strike call given by the Southern Region LPG Transport Owners' Association in which the Third and Fourth Respondents are its office-bearers. 2.
At the request of the Third and Fourth Respondents, which was accepted by the Petitioner, this Court by order dated 01.07.2019 appointed Hon'ble Mr. Justice N. Paul Vasanthakumar, former Chief Justice of the High Court of Jammu and Kashmir as Mediator to amicably resolve the issues raised by the Southern Region LPG Transport Owners' Association with the Petitioners and a final report dated 26.08.2018 giving details of the outcome of mediation has been filed.
3.
It is stated in the said report that insofar as the demand with regard to the unfilled proposed tanker trucks under SC & ST category which were not placed within 120 days from the date of issue of Letter of Intent, is concerned, it has been amicably sorted out that the same may be converted to general category by inducting tanker trucks from waiting list. However, in respect of the other demands, it is stated that no consensus could be arrived between the parties. It is open to the parties to apply for the certified copy of the final report of the Mediator and obtain the same from the Registry of this Court. 4.
It is informed by the Learned Counsel appearing for the Third and Fourth Respondents that the Southern Region LPG Transport Owners' Association would work out its remedies in respect of unresolved disputes by appropriate proceedings in the manner recognized by law and that there is no intention to proceed with any strike for those issues at present.
5.
Accordingly, these Writ Petitions are disposed recording the aforesaid subsequent events.
Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.Commissioner of Civil Supplies and Consumer Protection Department, Ezhilagam, Chennai.
2.Director General of Police, State of Tamil Nadu, Chennai.
+1cc to the Government Pleader Sr.75596 +3cc to Mr.V.Anantha Natarajan, Advocate Sr.75354 +3cc to Mr.S.Senthil, Advocate Sr.76767 W.P. No.18566, 18660 and 18663 of 2019 jp[co] srg 19/09/2019