Madras High CourtWP/41587/2016dismissed

National Co-Operative Textile v. The Secretary To Government

2016-12-08Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-12-2016

CORAM:

THE HONOURABLE MR. JUSTICE T. RAJA W.P.No.41587 of 2016 and W.M.P.No.35598 of 2016 National Co-operative Textile Mills Workers Union Registration No.60 SLM rep. by its General Secretary M. Gurusamy, S/o.K.T.Munusamy 2, First Market Street Ammapettai, Salem - 636 003 Petitioner Vs.

1. The Secretary to Government Labour & Employment Department Fort St.George, Chennai-9 The Director of Handlooms and Textiles, 2nd Floor Kuralagam, Chennai - 108 The Deputy Director of Handlooms and Textiles, Room No.407 4th Floor, Collectorate Salem - 2 Administrator (in - charge)/Liquidator Salem Co-operative Spinning Mills Ltd., Room No.407 4th Floor, Collectorate Salem - 2 Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 4th respondent to desist from removing the machineries and mills premises of Salem Co-operative Spinning Mills situated at Kamarajar Nagar Colony, Salem - 14 to third parties without satisfying the lawful dues of the workmen and pass further orders. For petitioner : Mr. R. Md. Nasrullah For respondents : Mr. M. Elumalai, Govt. Adv.

for R1 Mr. L.P. Shanmugha Sundaram, Spl.G.P.for R2 to R4 *****

O R D E R

The National Co-operative Textile Mills Workers Union bearing Registration No.60 SLM has unnecessarily come to this Court seeking a writ of mandamus to direct the Administrator (in -charge)/Liquidator Salem Co-operative Spinning Mills Ltd., at Kamarajar Nagar Colony, Salem - 14 to desist from removing the machineries and mills premises to third parties without satisfying the lawful dues of the workmen and pass further orders.

The affidavit filed in support of the writ petition also clearly shows that when some of the workmen had approached the Deputy chief Inspector of Factories, Salem with a claim petition with a prayer to confer 222 workmen with a permanent status, their claim petitions were allowed by the Labour Court, Salem by order dated 17-09-2007. When the Management of the Mills preferred writ petition, W.P.No.21551of 2009, before this Court challenging the said order, the same was also dismissed. In pursuance of the same, the workmen filed an execution petitions, viz., R.E.P.Nos.139, 153, 155 to 162 and 165 to 169 of 2015 and the same is pending on the file of the Labour Court, Salem.

When the individual workmen had filed their execution petition, the question of granting writ of mandamus directing the fourth respondent to desist from removing the machineries and mills premises of Salem Co-operative Spinning Mills Ltd., at Kamarajar Nagar Colony, Salem - 14 to third parties without satisfying the lawful dues of the workmen is unsustainable and also unnecessary as they have to approach the Execution Court only for appropriate orders. Therefore, this Court is not inclined to entertain this writ petition.

In view of the above, the writ petition is dismissed. No costs. The connected miscellaneous petition is also dismissed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar glp