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.10316 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 Commissioner of Labour, D.M.S. Buildings, Teynampet, Chennai-600 018.

3. Mrs.Shanthi, Working as Deputy Commissioner of Labour-II, D.M.S. Buildings, Teynampet, Chennai-600 018.

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 Mandamus, to direct the first and second respondents to take action against the third respondent after conducting detail enquiry based on the complaint given by the petitioner Union dated 25.01.2017.

For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondents-1 & 2 : Mr.A.Zakir Hussain, Government Advocate.

For Respondent-4 : Mr.S.Ravindran, Senior Counsel for Mr.P.Nehru.

O R D E R

The relief sought for in the present writ petition is to direct the first and second respondents to take action against the third respondent after conducting a detailed enquiry based on the complaint given by the writ petitioner-Union dated 25.01.2017.

2. The complaint against the fourth respondent-management by the writ petitioner-Union was regarding lockout. But it is brought to the notice of this Court that the factory itself was closed on 14.03.2017. In respect of the present complaint, already a reference had been made on 14.05.2018 and in this regard, I.D. No.382 of 2018 is now pending for adjudication before the Labour Court, Kancheepuram.

3. In view of the fact that the dispute is pending before the competent Labour Court, the writ petitioner is at liberty to adjudicate all other issues before the Labour Court in the manner known to law.

4. With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. 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 Commissioner of Labour, D.M.S. Buildings, Teynampet, Chennai-600 018.

+1cc to Mr.P.Nehru., Advocate, S.R.No.76070 W.P.No.10316 of 2017 BS(CO) CS/10/10/2019