The General Manager, v. The Deputy Chief Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2020
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.4915 of 2017 and W.M.P.No.5150 of 2017
1. The General Manager, Food Corporation of India, Regional Office, 8, Sathyamurthy Road, FCI, FSD, Egmore Complex, Chetpet, Chennai - 31.
2. The Area Manager, Food Corporation of India, District Office, No.1, Bharathi Road, Cuddalore.
3. The Manager(Depot), Food Corporation of India, FSD, Karaikal, Puducherry.
...Petitioners
vs.
1.
The Deputy Chief Labour Commissioner (C) Ministry of Labour and Employment Sastry Bhavan No.26, Haddows Road, "A" Wing, 5th Floor Nungambakkam, Chennai-6.
2.
The Regional Labour Commissioner (Central) Sastry Bhavan No.26, Haddows Road, "A" Wing, 5th Floor Nungambakkam, Chennai-6.
3.
The Regional Labour Commissioner (Central) Suit No.III, I Floor, Kanaga Apartment 13A Lady Doak College Road Chinna Chokkikulam Madurai - 625 002.
4.
K.Murugesan Sardar
5.
E.Asirvatham Mandal 6.
A.Anandharaj Handling Labour 7.
V.Chandrasekaran Handling Labour 8.
R.Backiyaraj Handling Labour 9.
M.Subramanian Handling Labour
10. R.Rakesh Handling Labour
11. R.Stalin Handling Labour
12. T.Kaliyaperumal Handling Labour
13. K.Anbazhagan Handling Labour
14. R.Praveenkumar Handling Labour
15. I.Ravi Handling Labour
16. N.Murugaiyan Handling Labour
17. V.Sankar Handling Labour
18. K.Subramanian Handling Labour
19. A.Kumar Sardar
20. M.Ramadoss Mandal
21. P.Veeramani Handling Labour
22. K.Selvamani Handling Labour
23. S.Purushothaman Handling Labour
24. V.Kaliyamurthy Handling Labour
25. P.Ravichandran Handling Labour
26. G.Pakkirisamy Handling Labour
27. G.Paneerselvam Handling Labour
28. N.Veerapathiran Handling Labour
29. A.Arivazhagan Handling Labour
30. R.Anbarasan Handling Labour
31. S.Baskar Handling Labour
32. A.Selvam Handling Labour
33. K.Natarajan Handling Labour 4 to 39 respondents are represented through Vice President FCI Workers Union, Registered Office, No.58/1 D.H.Road Kolkatta 700 023.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the second respondent vide proceedings No.95/1/2016[FCI]-B2 dated 27.10.2016 and to quash the same and consequently, re-transfer the claim application No.8/16 from the file of the third respondent to the file of the second respondent.
For Petitioner :
Mr.S.Vijayakumar For Respondents:
Mr.G.Baskaran Central Government Standing Counsel for R1 to R3 Mr.V.Ajoy Khose, for R4 to R33
O R D E R
This writ petition is filed against the order dated 27.10.2016 passed by the second respondent viz., the Regional Labour Commissioner (Central), Chennai, transferring the case from the file of the 2nd respondent to the file of the 3rd respondent.
2. Though it is contended by the learned counsel for the contesting respondents/workmen that they had some grievance against the previous officer, who held the position of the 2nd respondent office and sought for transferring of the case from his file to the 3rd respondent, in view of the present position that a new officer has come at the 2nd respondent office, these contesting respondents/workmen are not having any objection for the 2nd respondent himself in hearing the matter.
3. Learned counsel appearing for the official respondents has also filed a memo that the previous officer in the office of the 2nd respondent retired on 23.12.2016. He further submitted that now, the present 2nd respondent himself can hear the matter.
4. In view of the above stated facts and circumstances, this writ petition is disposed of by setting aside the order passed by the second respondent in transferring the case from the file of the third respondent to the second respondent. Consequently, the second respondent shall hear the subject matter case and pass orders on the same on merits and in accordance with law after hearing all the parties. The second respondent shall pass such order within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar mk To 1.
The Deputy Chief Labour Commissioner (C) Ministry of Labour and Employment Sastry Bhavan, No.26, Haddows Road, "A" Wing, 5th Floor Nungambakkam, Chennai-6.
2.
The Regional Labour Commissioner (Central) Sastry Bhavan No.26, Haddows Road, "A" Wing, 5th Floor Nungambakkam, Chennai-6.
3.
The Regional Labour Commissioner (Central) Suit No.III, I Floor, Kanaga Apartment 13A Lady Doak College Road Chinna Chokkikulam Madurai - 625 002.
+1cc to Mr.V.Ajoykhose, Advocate, S.R.No.15460 +1cc to Mr.G.Baskaran, Advocate, S.R.No. 15442 +1cc to Mr.S.Vijaya Kumar, Advocate, S.R.No. 15443 W.P.No.4915 of 2017 VG II(CO) GN(18/03/2020)