Ttk Protective Devices Limited v. Government Of Puducherry

In the High Court of Judicature at Madras Dated : 06.1.2016 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.251 of 2016 and WMP.No.145 of 2016 TTK Protective Devices Ltd., Puducherry

...Petitioner

Vs

1. Government of Puducherry, rep.by its under Secretary to Government- Labour, Puducherry.

2. The Presiding Officer, Industrial Tribunal, Puducherry.

3. United Labour Federation, No.149, Thambu Chetty Street, Chennai-1 rep.by its Secretary

4. Packwell Packaging Products Ltd., Puducherry.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari to call for the records connected with G.O.Rt. No.116/AIL/LAB/J/2014 dated 13.8.2014 on the file of the first respondent and quash the same.

For Petitioner : Mr.Ravi for M/s.Gupta & Ravi For Respondents 1 & 2 : Mrs.N.Mala, AGP

ORDER

Mrs.N.Mala, learned Additional Government Pleader takes notice for respondents 1 and 2. Heard the learned counsel for the petitioner.

2. The petitioner challenges the impugned order dated 13.8.2014, in and by which, the first respondent referred the dispute arose between the petitioner and respondents 3 and 4 to the Industrial Tribunal-cum-Labour Court, Puducherry. https://hcservices.ecourts.gov.in/hcservices/

3. Pursuant to the impugned order of reference, notice has been issued by the Industrial Tribunal on 19.9.2014 and it is stated that the matter has been posted today i.e 06.1.2016. On the grounds raised by the petitioner, the impugned order cannot be quashed, as the contentions are on the merits of the claim made by the workmen or the defence, which is likely to be raised by the petitioner management. Hence, it would be proper for the petitioner management to raise all the contentions before the Industrial Tribunal-cum-Labour Court, Puducherry in the pending industrial dispute.

4. With the above observation, the writ petition is dismissed. No costs. Consequently, the above WMP is also dismissed.

s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Under Secretary to Government of Puducherry, Labour, Puducherry.

2.The Presiding Officer, Industrial Tribunal, Puducherry. + 1 cc to M/s.Gupta and Ravi, Advocate SR 690 + 1 cc to Govt.Pleader (Puducherry) SR 944 vgi(co) prk22/1 WP.No.251 of 2016& WMP.No.145 of 2016 https://hcservices.ecourts.gov.in/hcservices/