Covai Maavatta Puthiya v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:27.03.2017 Coram The Hon'ble Mr. Justice M.M.SUNDRESH W.P.No.9699 of 2015 and M.P.Nos.1 and 2 of 2015 Covai Maavatta Puthiya Jananayaga Thozhilalar Munnani, Rep. by its President Regn.No.1241, K.R.R. Complex, Thadagam Road, KNG.Puthur, Coimbatore - 641025
...Petitioner
Vs
1. The Governement of Tamil Nadu Represented by its Secretary Labour & Employment Department, Fort St. George, Chennai - 600 009.
2. The Assistant Commissioner of Labour (Conciliation) - 3 Dr.Balasundaram Road, Coimbatore - 641 018.
3. The Deputy Inspector of Factories, Office of the Deputy Inspector of Factories, Thalaivasal Complex. Crosscut Road, Coimbatore - 641 012.
4. The Management C.R.I. Pumps Private Limited, Unit of C.R.I Pumps, 122-B, Athipalayam Road, Chinnavedampatti, Coimbatore - 641 049.
...Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus to forbear the 4th respondent from altering the service conditions of the members of the Trade Union whose names and details are enclosed in the annexure to this petition including discontinuance / transfer of
their service or removing the materials, machinery or closing the factory or engaging the workers whom are not in the regular role or any act which will result in non-employment without getting prior permission from the 2nd respondent under Section 33 of the Industrial Disputes Act, 1947 in the industrial dispute viz., raised by the petitioner union dated 14.08.2014 questioning the illegal deputation to the workers, the industrial dispute dated 22.09.2014 questioning the separation of the 4th respondent company in illegal manner and the industrial dispute dated 22.09.2014 requesting the 4th respondent management to provide 8 hours work per day to the workers and further direct the 2nd respondent to conciliate & effect settlement under Section 12(3) and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act, 1947 and in turn direct the 1st Respondent to refer the dispute for adjudication before the competent adjudicator.
For Petitioner ..
No appearance For Respondents ..
Mr.S.Ravindran Sr. Counsel for R2 Mr.S.Bazeer Ahamed for R4 Mr.S.Diwakar, Spl. Govt. Pleader for R1 to R3
ORDER
When the matter was taken up for hearing on 23.03.2017, there was no representation for the petitioner. Therefore, the matter was directed to be listed under the caption 'for dismissal' on 27.03.2017. Even today, there is no representation for the petitioner.
2.Learned senior counsel appearing for the second respondent submits that the relief sought for in the writ petition does not survive any longer. Therefore, the writ petition is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petitions are closed.
-s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar
To
1. The Secretary to Government, Labour & Employment Department, Fort St. George, Chennai - 600 009.
2. The Assistant Commissioner of Labour (Conciliation) - 3 Dr.Balasundaram Road, Coimbatore - 641 018.
3. The Deputy Inspector of Factories, Office of the Deputy Inspector of Factories, Thalaivasal Complex. Crosscut Road, Coimbatore - 641 012.
+1 CC to Mr. B. Saravanan, sr 19490 +1 CC to Mr. J. Basheer Ahamed, sr 18785 W.P.No.9699 of 2015 VGI(CO) sp/11/4