Workers Of Aeroto Bold v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Workers of Aeroto Bold Rocchi India Pvt. Ltd., Through United Labour Federation, Regn.No.2657/CNI, Represented by its Secretary, No.149, IV Floor, C.J. Complex, Thambu Chetty Street, Chennai - 600 001.

...Petitioner

Vs The Government of Tamil Nadu, Rep. by its Secretary, Department of Labour and Employment, Chennai - 600 009.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent Government to pass orders with regard to the reference to the Industrial Dispute covered by the conciliation failure report bearing Ref.No.Na.Ka.No.Aa/960/2013 dated 26.06.2014 under Section 10(1) of the Industrial Disputes Act expeditiously.

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For Petitioner : M/s.Sindhuja for Mr.K.Sudalai Kannu For Respondent : Mr.D.Velu, Additional Government Pleader

ORDER

Heard M/s.Sindhuja, learned counsel appearing on behalf of the petitioner and Mr.D.Velu, learned Additional Government Pleader appearing for the respondent.

2. When the dispute arose between the petitioner Union and the Management before the Conciliation Officer had ended in a failure, the Government had not acted upon the failure report in time, which prompted the petitioner to file the present Writ Petition, seeking for a direction to the Government to make a reference to the concerned Labour Court/Industrial Tribunal.

3. The learned Additional Government Pleader appearing on behalf of the respondent produced a copy of the Government Order in G.O.(D) No.523, Labour and Employment Department, dated 06.11.2014, whereby, the Government had refused to make a reference. Thus, if the petitioner is 2/4

aggrieved against the order of refusal dated 06.11.2014, the appropriate course of action would be to challenge the same.

4. Nevertheless, the prayer in the present Writ Petition has now become infructuous, in view of the Government Order passed on 06.11.2014. Thus, no effective orders can be passed in the present petition and accordingly, the Writ Petition stands closed. No costs.

30.09.2022 Index:Yes/No Speaking order/Non-speaking order hvk To The Secretary, Government of Tamil Nadu, Department of Labour and Employment, Chennai - 600 009.

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M.S.RAMESH,J.

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