The General Manager v. The Deputy Chier Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2020
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.4914 of 2017 and W.M.P.No.5148 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, 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.
S.Thangavel Sarda 5.
S.Maruthamuthu Mandal 6.
P.Kaathavarayan 7.
S.Paramasivam 8.
T.Krishnamurthy 9.
K.Kannappan
10. K.Subramani
11. N.Krishnan
12. K.Rajendran
13. A.Arockiasamy Mandal
14. J.Jaiselva
15. T.K.Selvam
16. K.Selvaraj
17. S.Nagarajan
18. P.Kamaraj
19. M.Sarangan
20. K.Selvam
21. P.Azagappan
22. V.Venkatachalapathy
23. A.Govindan
24. T.Amulraj Sardar
25. K.Bakkyaraj
26. M.Nagaraj
27. P.Selvaraj
28. K.Manibalan
29. K.Apparaj
30. V.Lakshmanan
31. E.Ramachandran
32. R.Iyyappan
33. S.Sasindran
34. X.Mahimaidoss
35. S.Pouchepa Srinivasan
36. T.Sivasubramanian
37. D.John Wisely
38. J.Jayaganesh
39. P.Pradeepraj 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.7/16 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 R18, R20 to R27, R29 to R39
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. s/d- Assistant Registrar(CS-III) 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.
+1 CC to Mr.G.Baskaran, Advocate sr 16945.
+1 CC to Mr.S.Vijayakumar, Advocate sr 16549. +1 CC to Mr.V.Ajoy Khose, Advocate sr 16475.
W.P.No.4914 of 2017 GP(CO) SP(28/02/2020)