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Madras High CourtWP/19795/2014closed

New Democratic Labour Front v. Government Of Tamilnadu

2022-04-12Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH W.P.No.19795 of 2014 New Democratic Labour Front Ashley Alteams India Limited Branch Rep. by its Secretary Reg.No.43/TVR 949, Pasumpon Nagar Kizhpudhupakkam Cheyyar 604 407.

.. Petitioner Vs.

1. The Government of Tamil Nadu Rep. by its Secretary Labour and Employment Department Fort St. George, Chennai 600 009.

2. The Labour Officer Vellore.

3. Management Ashley Alteams India Limited No.8, SIPCOT Industrial Park Chellaperumbulimedu Village Sozhavaram Post Akkur Via, Cheyyar Taluk Tiruvannamalai District.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus forbearing the third respondent from altering the service conditions of the members of the petitioner Union whose names are given in the Annexure to the affidavit filed in support of the writ petition in any manner including discontinuance of service or failing to provide employment in any manner without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes raised by the petitioner which is pending conciliation before the second respondent as Dispute No.31/2014 regarding general charter of demand and further direct the second respondent to conciliate and effect settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act and in turn direct the https://hcservices.ecourts.gov.in/hcservices/

first respondent to refer the dispute for adjudication before the competent Industrial Adjudicator.

For Petitioner :

Mr.Balan Haridas For Respondents :

Mr.P.Ganesan for respondent 1 Mr.K.G.Senthil Kumar for respondent 2

ORDER

Pending the conciliation proceedings, the petitioner seeks to restrain the respondents from altering the service conditions.

2. Learned counsel appearing for the petitioner submits that the conciliation proceedings has ended in failure and as such, the writ petition has become infructuous.

3. In view of the above, the writ petition stands closed. There will be no order as to costs. Consequently, M.P.No.1 of 2014 is also closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kpl To

1. The Secretary Labour and Employment Department Fort St. George, Chennai 600 009.

2. The Labour Officer Vellore.

+1cc to Mr.K.G.Senthil Kumar, Advocate, S.R.No.26073 +1cc to the Government Pleader, S.R.No.26142 W.P.No.19795 of 2014 MT(CO) CT 28/04/2022 https://hcservices.ecourts.gov.in/hcservices/