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Madras High CourtWP/24856/2009closed

New Democratic Labour Front v. Government Of Tamilnadu

2017-11-22Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2017

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.24856 of 2009 and M.P.No.1 of 2009 New Democratic Labour Front Satyabama University Branch Reg.No.43/TVR No.110/63, N.S.K.Salai, Kodambakkam, Chennai 600 024. ... Petitioner Vs 1.Government of Tamil Nadu Rep. by its Secretary Labour and Employment Department Fort St.George, Chennai 600 009.

2.The Assistant Commissioner of Labour (Conciliation 1) Third Floor, Kuralagam, Chennai 600 108.

3.Sathyabama University, Rep by its Registrar, Jeppiar Nagar, Old Mahabalipuram Road, Chennai 600 119.

... Respondents PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, forbearing the 3rd 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 without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes raised by the petitioner which are pending conciliation before the 2nd respondent as dispute No.783 of 2007 regarding charter of demands and further directing the 2nd 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 1st respondent to refer the dispute for adjudication before competent and Industrial Adjudicator.

For Petitioner : Mr.Balan Haridas For R1 : Mr.A.Raja Perumal Additional Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/

For R2 : Dismissed Vide Court Order dated 29.04.2010 For R3 : No Appearance

O R D E R

The learned Counsel appearing for the petitioner made a submission that now the disputes between the parties had been referred to Industries Tribunal Chennai and in view of the reference, no further adjudication is required in this writ petition on the grounds raised.

2. Accordingly, the Writ Petition stands closed. Consequently, connected Miscellaneous Petition is also closed. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar dm/gsa To 1.The Secretary to Government Government of Tamil Nadu Labour and Employment Department Fort St.George, Chennai 600 009.

2.The Assistant Commissioner of Labour (Conciliation 1) Third Floor, Kuralagam, Chennai 600 108.

+1 cc to Mr. Government Pleader SR.83637 W.P.No.24856 of 2009 and M.P.No.1 of 2009 SV(CO) EU(26/12/2017) https://hcservices.ecourts.gov.in/hcservices/