Workmen Of Nvh India Auto v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2018
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.40989 of 2016 & W.M.P.No.34983 of 2016 Workmen of NVH India Auto Parts Private Limited, Through United Labour Federation, Rep by its Vice President, Reg.No.2657 / CNI No.149, Thambu Chetty Street, C.H. Complex, IV Floor, Chennai - 600 001.
...Petitioner
Vs
1. The Government of Tamil Nadu rep. by its Principal Secretary, Department of Labour and Employment, Fort St. George, Chennai - 600 009.
2. The Assistant Commissioner of Labour (concillation-I) Sriperumbudur, Kancheepuram.
3. The Management NVH India Auto Parts Private Limited Plot No.B-68, SIPCOT Industrial Park, Irungattukottai, Sriperumbudur Taluk, Kancheepuram District 602 105. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India issue a writ of mandamus directing the 2nd respondent to conclude the conciliation proceedings in the Industrial Dispute raised by the petitioner Union dated 27.06.2016 in accordance with Section 12(6) of the Industrial Disputes Act, 1947. within such time as stipulated by this Court and in the event of failure of conciliation, forward the conciliation Failure Report to the 1st respondent with a further direction to the 1st respondent to pass orders with regard to the reference of the said Industrial Dispute. For Petitioner :Mr.K.Sudalai Kannu For Respondents 1 & 2 :Mr.J.Ramesh, Additional Government Pleader For Respondent 3 :No appearance https://hcservices.ecourts.gov.in/hcservices/
O R D E R
The relief sought for in this writ petition is for a direction to direct the second respondent to conclude the Conciliation proceedings in the industrial disputes raised by the petitioner union on 27.06.2016 in accordance with law, under section 12(6) of Industrial Disputes Act, 1947 and in the event of failure, forward the report to the first respondent for further direction.
2. The learned counsel appearing on behalf of the writ petitioner now brought to the notice of this Court that the Conciliation Officer concluded the proceedings and submitted his failure report on 05.12.2016.
3. Thus, the first respondent shall consider the report submitted by the Concilation Officer and pass an appropriate orders on merits and in accordance with law, as early as possible, preferably within 12 weeks from the date of receipt of a copy of this Order.
4. With the above observations, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nl To
1. The Principal Secretary, Department of Labour and Employment, Fort St. George, Chennai - 600 009.
2. The Assistant Commissioner of Labour (concillation-I) Sriperumbudur, Kancheepuram.
3. The Management NVH India Auto Parts Private Limited Plot No.B-68, SIPCOT Industrial Park, Irungattukottai, Sriperumbudur Taluk, Kancheepuram District 602 105.
+1cc to Mr.K.Sudalai Kannu, Advocate Sr.No.29746 +1cc to Mr.Prabhu Mukunth, Advocate Sr.No.29694 NA(CO) sm:15.5.2018 W.P.No.40989 of 2016 https://hcservices.ecourts.gov.in/hcservices/