A.Francis, v. The Deputy Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10-12-2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION No.842 OF 2015 1.A.Francis 2.M.Hakkim 3.T.Sukumar ...

Petitioners -vs1. The Deputy Commissioner of Labour -Circle II, DMS Compound, Teynampet, Chennai-600 006.

2. The Alstom India Limited & Alstom T&D India Limited, 19/1, G.S.T.Road, Pallavaram, Chennai-600 043.

...

Respondents Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the first respondent to implement the Authority's Order in C1/1303/06, dated 30-09.2006; C1/20/06, dated 10.05.2006 and C1/20/06, dated 30.06.2006, respectively, passed in the petitioners' respective cases, by directing the second respondent to reinstate the petitioners into employment with continuity of service with all attendant and monetary benefits, by considering their representation, dated 09.11.2014. For petitioner : Mr.L.S.M.Hasan Fizal For respondent 1 : Mr.R.Rajeshwaran, Special Government Pleader.

For respondent 2 : Mr.Anand, for M/s.T.S.Gopalan & Co.

O R D E R

The petitioners seek for isuance of a writ of mandamus, to implement the impugned orders passed by the first respondent.

2. As rightly pointed out by the learned counsel for the second respondent, the impugned proceedings are not the orders, but they are only advisories to the management, and no writ of mandamus can be issued to comply with the said proceedings.

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3. Under the circumstances, this Writ Petition is disposed of, giving liberty to the petitioners, to invoke the remedies available to them under the provisions of the Industrial Disputes Act,1947, if they are so advised. No costs.

Dixit Sd/- Assistant Registrar (CS-V) /True Copy/ Sub-Assistant Registrar To The Deputy Commissioner of Labour - Circle II, DMS Compound, Teynampet, Chennai-600 006.

+1 C.C. To MR.L.S.M. Hasan Fizal, Advocate in SR.NO.66870 +1 C.C. To Mr.T.S.Gopalan & Co, Advocate in SR.NO.66645 +1 C.C. To Government Pleader, High Court, Madras in SR.NO.66615 W.P.No.842 OF 2015 RSK(CO) sd : 21/12/2015 https://hcservices.ecourts.gov.in/hcservices/