Madras High CourtWP/20753/2019disposed of

Hindustan Motor v. Government Of Tamil Nadu

2020-03-19Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2020 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.No.20753 of 2019 and W.M.P.Nos.19922, 30499 and 19917 of 2019 Hindustan Motor Finance Corporation Limited, Chennai Car Thozirchalai Thozilalargal Sangam, Rep.by its General Secretary, Regn.No.167/TVR, No.2/376, Indira Nagar, Keelnallathur, Thiruvallur - 602 002.

... Petitioner Vs.

1.Government of Tamil Nadu, Rep.by its Additional Chief Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

2.The Secretary, Labour and Employment, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

3.The Joint Commissioner of Labour, (Conciliation), Teynampet, Chennai - 600 006.

4.The Assistant Commissioner of Labour, (Conciliation) Kuralagam, Chennai - 600 108.

5.Hindustan Motors Finance Corporation Limited, Rep.by its Managing Director, Adhigathur, Kadambathir Post, Tiruvallur 631 203.

6.The Management, PCA Automobiles India Private Limited, (Peugeot Citroen Automobile), Holiday Inn Hotel, OMR IT World Trade Centre, Expressway, No.110, Rajiv Gandhi Salai, Chennai 600 041.

7.The Director, Industrial Safety and Health, 31 A Water Works Road, Thiru vi ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India praying to issue a writ of declaration, declare G.O.Ms.No.15 Industries (MID.1) Department dated 22.02.2018 issued by the 1st respondent read with the order of the 5th respondent dated 02.07.2019 as illegal, arbitrary, contrary to law and unconstitutional and consequently direct the 3rd and 4th respondent to conciliate on the industrial dispute dated 22.12.2016 read with the petition dated 08.05.2018 raised against both 5th and 6th respondents by bringing out a settlement or by submitting a conciliation failure report to the 2nd respondent and on submission of failure report, direct the 2nd respondent to refer the dispute for adjudication and to pass such other orders or Directions under Section 10 B of the Industrial Dispute Act, 1947.

(prayer Amended as per order dated 04.02.2020 made in W.M.P.No.28911/2019 in WP.No,20753/2019 by KRCBJ) For Petitioner : Mr.Balan Haridas for Mr.R.Vaigai (Standing Counsel) For Respondents: Mr.M.Venkadesh Kumar Government Advocate (for RR1 to 4) M/s.T.S.Gopalan & Co. (for R5) Mr.Ravi for M/s.Gupta Ravi (for R6)

O R D E R

The parties are arrived at a settlement and filed Joint Memorandum of Settlements dated 17.03.2020 and 18.03.2020 reached under Section 18 (1) of the Industrial Disputes Act, 1947. The Memorandum of Settlements dated 17.03.2020 and 18.03.2020 are taken on file and shall form part of the order.

The writ petition is disposed of in terms of Joint Memorandum of Settlement. No costs. Consequently, connected miscellaneous petitions are closed.

*Copy of the Memo of Compromise enclosed Sd/- Assistant Registrar //True copy// Sub Assistant Registrar bri To 1.Government of Tamil Nadu, Rep.by its Additional Chief Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.