Chennai Yetrumathi Valaga v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2017 Coram THE HONOURABLE MR. JUSTICE M.M.SUNDRESH Writ Petition No.28503 of 2016 and W.M.P.Nos.24613 of 2016 and 1312 of 2017 Chennai Yetrumathi Valaga Uzhiyargal Matrum Podhu Thozhilalar Sangam, rep. by its President, No.15, Kannan Street, Kadaperi, Tambaram, Chennai - 600 045.
...
Petitioner versus
1. State of Tamil Nadu rep. by its Secretary to Government, Department of Labour and Employment, Secretariat, Fort St.George, Chennai - 600 009.
2. Assistant Commissioner of Labour - Conciliation Sriperumbudur, Kancheepuram District.
3. Venture Lighting India Limited rep. by its Managing Director, Plot No.A30, D5 Phase II, Zone-B, Madras Export Processing Zone, Tambaram, Chennai - 600 045.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to arrive at a settlement with the petitioner and 3rd respondent and in case of failure of conciliation submit a report to the 1st respondent and the 1st respondent may be directed to refer the dispute for adjudication under Section 10(1) of the Industrial Disputes Act, 1947. For Petitioner : Mr.N.G.R.Prasad For Respondents : Mrs.Rani Selvam, Asst. Govt. Pleader for R1 and R2 Mr.S.V.Jayaraman, Senior Counsel for Mr.K.V.Shanmuganathan for R3
ORDER
Seeking a direction to the second respondent to arrive at a settlement with the petitioner and the third respondent and in case of failure of conciliation, submit a report to the first respondent and direct the first respondent to refer the dispute for adjudication under Section 10(1) of the Industrial Disputes Act, 1947, the present writ petition has been filed. 2.Though the miscellaneous petitions are listed for hearing, it is agreed by the learned counsel for both sides that the main writ petition itself can be taken up for disposal. 3.The prayer sought for in the main writ petition is very limited and admittedly, the conciliation proceedings are pending with the second respondent. As it was pending for quite some time, the writ petition has been filed, seeking to expedite the same.
For granting the relief to expedite the said proceeding, there would not be any difficulty. Accordingly, the second respondent is directed to conclude the conciliation proceedings and submit a report to the first respondent within a period of eight weeks from the date of receipt of a copy of this order. On receipt of the said report, the Government will have to take appropriate steps on question of reference within a period of eight weeks thereafter.
4.With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar To
1. The Secretary to Government, Department of Labour and Employment, Secretariat, Fort St.George, Chennai - 600 009.
2. The Assistant Commissioner of Labour - Conciliation Sriperumbudur, Kancheepuram District.
+1 CC to The Govt. Pleader sr 17063 +1 CC to Mr.K.V.Shanmuganathan , Advocate sr 16807 +1 CC to M/s. Row & Reddy, Advocate sr 16899 Writ Petition No.28503 of 2016 GMI(CO) sp/5/4