Krishnagiri Mavatta Anaithu Thozhilalar Sangam (92/Kri) v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM:

THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.No.22899 of 2024 Krishnagiri Mavatta Anaithu Thozhilalar Sangam (92/KRI) Rep. By its General Secretary No.1/310, Grapes Garden, MGR Nagar, Mukandapalli, Hosur 635 210 ..Petitioner Vs

1. State of Tamil Nadu Represented By Its Additional Chief Secretary Labour Welfare And Skill Development Department Fort St, George Chennai 600 009

2. The Management Of Duroflex Private Limited Represented yy Its General Manager (HR) Kunnikottai Village, Dhamodara Alli Post Pochampalli Taluk, Krishnagiri District 635 123 ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus calling for the records of the first respondent relating to G.O (D) No. 64 dated 02.02.2024 issued by the first respondent and quash the same and consequently direct the first respondent to expeditiously refer the demands raised by the petitioner union for adjudication within a stipulated time frame and issue such further or other appropriate orders or directions as this Court.

For Petitioner:

M/s.Ramapriya Gopalakrishnan

For Respondents:

Mr.R.Chakkaravarthy, Govt. Counsel- R1 Mr.Ananda Gopalan, For M/s. Agam Legal Advocates - R2 ***

O R D E R

The petitioner herein is a trade Union, representing the workers of the second respondent Company. While the petitioner Union had raised a Charter of Demands, the same came to be declined by the first respondent stating that those demands are to be referred for adjudication before the Industrial Tribunal. Challenging the said order of the first respondent made in G.O.(D).No.64 dated 02.02.2024 declining to refer the said demands for adjudication, the petitioner has preferred the present writ petition.

2. Learned counsel for the petitioner would submit that several issues were raised to the Government seeking the reference to the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947. Section 10 of the Act contemplates that the Government can go into the issues and make a reference or decline the grievance of the workers, to be adjudicated upon by the Industrial Tribunal.

3. It is not in dispute with regard to the repealing of Industrial Disputes Act, with effect from 21.11.2025 to Industrial Relations 2020. There is no

provision similar to Section 10 which is found in the Industrial Disputes Act earlier. In view of the same, it is left open to the petitioner Union to approach the Industrial Tribunal directly to agitate their grievances before the Industrial Tribunal . The Industrial Tribunal shall not decline to accept the industrial dispute on the basis of limitation in the present facts and circumstances of the case.

4. With these observations, the Writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. The petitioner is at liberty to approach the Conciliation Officer, initially, and thereafter go before the Industrial Tribunal to agitate their grievances. The Conciliation Officer shall not enter into factum of limitation in the Industrial Disputes of the case and accordingly pass appropriate orders in the manner known to law. (K. SURENDER, J.) 12-06-2026 Index: Yes/No Speaking/Non-speaking order sts To:

1. The Additional Chief Secretary, Labour Welfare And Skill Development Department, Fort St, George Chennai 600 009

K.SURENDER J.

sts

2. The Management Of Duroflex Private Limited Represented By Its General Manager (HR), Kunnikottai Village, Dhamodara Alli Post, Pochampalli Taluk, Krishnagiri District 635 123 Order made in Dated:

12-06-2026