The Management, v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.NO.18430 OF 2018 The Management Myoung Shin India Automotive Pvt Ltd., rep.by its Factory Manager, Mr.T.Ramkumar Mannur Village, Valarpuram PO, Sriperumbudur Tk Kancheepuram District.
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Petitioner Vs 1.State of Tamil Nadu rep.by its Secretary Labour and Employment Department Fort St.George, Chennai 600 009.
2.Ondrupatta Thozhilalar Kuttamaipu Rep.by its Secretary, Regd.no.2657/CNI No.149 Thambu Chetty street, C.J.Complex, 4th Floor Chennai - 600 001.
3. Aparajitha Dynamic Synergies Pvt Ltd No.10, Venkatraman Road, Kamala 2nd Street Chinna Chokkikulam, Madurai - 625 002.
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Respondents For Petitioner :
Mr.S.Ravindran, Sr.Counsel For Respondents :
Mr.M.Elumalai - for R1 Mr.P.Ganeshram - for R2 Mr.R.Jayaprakash - for R3 Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent in G.O. (D) No.637, Labour and Employment (A2) department, and quash its order dated 30.10.2017 and direct the first respondent to issue fresh order of reference by including third respondent in respect of the dispute raised by the second respondent union.
O R D E R
The petitioner herein has filed the writ petition seeking to quash G.O.(D) No.637, Labour and Employment (A2) department, and quash its order dated 30.10.2017 and direct the first respondent to issue fresh order of reference by including third respondent in respect of the dispute raised by the second respondent union.
2.The facts of the case is that the petitioner was engaged in the services of the third respondent for providing contract employees. On 31.03.2017, the contract between the petitioner and the third respondent came to an end. The second respondent union raised an industrial dispute in respect of the service conditions of 45 workmen of the third respondent. By virtue of G.O.(D) No.637, Labour and Employment (A2) department dated 30.10.2017 , Government of Tamil Nadu has listed out names of 45 workmen and ordered that the issue as to whether the claim made by the Union that the 45 workmen named therein were primarily employed by the management or their inclusion is a sham and nominal one for name sake is a triable issue, to be decided by the Industrial Tribunal .
3. It is claimed that in G.O.(D) No.637, Labour and Employment (A2) department dated 30.10.2017, the third respondent herein viz., Aparajitha Dynamic Synergies Pvt Ltd, No.10, Venkatraman Road, Kamala 2nd Street, Chinna Chokkikulam, Madurai - 625 002 is not shown as a party and R3 has to be impleaded. The second respondent herein filed a memo stating that they have no objection to implead the third respondent in I.D.No.43 of 2017.
4.Learned counsel representing the third respondent submits that the third respondent should be given an opportunity to agitate the issue on merits before the Industrial Tribunal. 4.1. From the facts alleged, it is clear that the third respondent would have locus standi to agitate the issue involed.
5. Under the circumstances, the Government is directed to implead the third respondent as a party, whose description is cited supra, and thereafter refer the matter. It is made clear that the third respondent shall be given an opportunity to agitate the matter on merits before the Industrial Tribunal. The Government shall complete the task within a period of one month from the date of receipt of a copy of this order. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
To 1.The Secretary, State of Tamil Nadu, Labour and Employment Department Fort St.George, Chennai 600 009.
2.The Registrar Industrial Tribunal, Chennai.
+1cc to Mr.Bazeer Ahamed, Advocate sr.no.53788 +1cc to Mr.R.Jayaprakash, Advocate sr.no.54171 +1cc to Mr.K.Sudalaikannu, Advocate sr.no.54229 +1cc to The Government Pleader sr.no.54269 W.P.No.18430 of 2018 nr 06/09/2018