Puthiya Jananayaga v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :03-09-2019
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.10315 OF 2017 AND W.M.P.NO.11218 OF 2017 Puthiya Jananayaga Thozhilalar Munnani Integra Automation Workers Branch Represented by its Secretary Regn. No.43/TVR, No.110/63, N.S.K.Salai, Kodambakkam, Chennai-600 024.
.. Petitioner vs.
1. Government of Tamil Nadu, Represented by its Secretary, Labour and Employment Department, Fort St. George, Chennai-600 009.
2. The Presiding Officer, Tamil Nadu Industrial Tribunal, Chennai.
3. The Assistant Commissioner of Labour (Conciliation-I), SIPCOT Complex, Irrunkattukkottai, Sriperumputhur-602 117.
4. The Management Integra Automation Pvt Ltd., No.487, Valarpuram Village, Perambakkam Road, Sriperumputhur-602 105.
.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with order dated 17.03.2017 in I.A. No.54 of 2017 in I.D.No.17 of 2016 on the file of the second respondent Tribunal and quash the same and further direct the second respondent Tribunal to pass orders on the application in merits.
For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondents-1to3: Mr.A.Zakir Hussain, Government Advocate.
For Respondent-4 : Mr.S.Ravindran, Senior Counsel for Mr.P.Nehru.
O R D E R
The order dated 17.03.2017 passed in I.A.No.54 of 2017 in I.D.No.17 of 2016 on the file of the second respondent-Tribunal, is under challenge in the present writ petition.
2. The relief originally sought for in the Interlocutory Application No.54 of 2017 was to grant an interim injunction restraining the respondent-management from closing its establishment in terms of closure notice dated 12.01.2017. The learned Senior Counsel appearing on behalf of the fourth respondent-management brought to the notice of this Court that the factory was closed on 14.03.2017 and I.D.No.17 of 2016, in which the Interlocutory Application No.54 of 2017 filed, itself was disposed of on 26.04.2018. When the said I.D itself was disposed of, there cannot be any further consideration in respect of the orders passed in the Interlocutory Application in view of the fact that the order passed in the Interlocutory Application merges with the final order passed in I.D.No. 17 of 2016 dated 26.04.2018.
3. This apart, the factory itself was closed on 14.03.2017. Thus the relief, as such, sought in the present writ petition deserves no further consideration and accordingly, the writ petition stands disposed of as infructuous. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Svn
To
1. The Secretary, Government of Tamil Nadu, Labour and Employment Department, Fort St. George, Chennai-600 009.
2. The Presiding Officer, Tamil Nadu Industrial Tribunal, Chennai.
3. The Assistant Commissioner of Labour (Conciliation-I), SIPCOT Complex, Irrunkattukkottai, Sriperumputhur-602 117.
+1cc to Mr.P.Nehru, Advocate, S.R.No.76071 W.P.No.10315 of 2017 BS(CO) CS/10/10/2019