Rane Brake Linings Employees v. The Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 7304 of 2016 Rane Brake Linings Employees Union, Having office at No. 33, Nehru Street, 1Cross, Poonamallee Road, Avadi, Chennai - 600 054.

Represented by its General Secretary G.Jayabalan ... Petitioner -vs1. The Government of Tamilnadu, Represented by The Principal Secretary to Government, Labour and Employment Department, Fort St.George, Chennai - 600 009.

2. P.M. Saravanan

3. The Management, Represented by the Manager, Rane Brake Linings Ltd., Plot No. 30, Ambattur Industrial Estate, Chennai - 600 058.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the record pertaining to G.O. (D).No. 376 dated 21.08.2012 and quash the order passed therein by the First Respondent refusing to refer the Industrial Dispute raised by the Petitioner Union and further direct the First Respondent to refer the dispute for adjudication by the appropriate forum constituted under the I.D. Act 1947. For Petitioner : Mr. Mohd. Nazarullah For Respondents: Mr. P.Balathandayutham Special Government Pleader (for R1) R2 - Not ready in notice Mr. Manohar Gupta for M/s. Gupta & Ravi (for R3)

O R D E R

Heard Mr. Mohd. Nazarullah, Learned Counsel for the Petitioner and Mr. P.Balathandayutham, Learned Special Government Pleader appearing for the First Respondent and Mr. Manohar Gupta, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

Learned Counsel for the Petitioner, on instructions, states that Mr. G.Jayabalan, who is the General Secretary representing the Petitioner Union, had died after the filing of the Writ Petition and no one has come forward to substitute in his place. He has also made an endorsement to that effect in court record. No useful purpose would be served by unnecessarily keeping the Writ Petition pending indefinitely.

3.

In view of the same, the Writ Petition is dismissed for non-prosecution and it is clarified that the Petitioner shall not be precluded from applying for its revival in the manner recognized by law. No costs.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar gd To

1. The Principal Secretary to Government, The Government of Tamilnadu, Labour and Employment Department, Fort St.George, Chennai - 600 009.

2. The Management, Represented by the Manager, Rane Brake Linings Ltd., Plot No. 30, Ambattur Industrial Estate, Chennai - 600 058.

Copy to Rane Brake Linings Employees Union, Having office at No. 33, Nehru Street, 1Cross, Poonamallee Road, Avadi, Chennai - 600 054.

Represented by its General Secretary G.Jayabalan +1cc to Government Pleader SR.No.37671 W.P. No. 7304 of 2016 EV(CO) GMY(23/06/2022)