Workmen Of Taneja Aerospace v. The Joint Director Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.44450 of 2016 Workmen of Taneja Aerospace and Aviation through Taneja Aerospace and Aviation Employees Union Regn.No: 472/DRP represented by its General Secretary Belakondapalli, Dhali Salai Hosur, Krishnagiri District 635 114 ..
Petitioner -vs1.The Joint Director of Industrial Safety and Health Hosur Krishnagiri District 2.The Management of Taneja Aerospace and Aviation Limited Pelakondapalli Post, Thali Road Hosur, Krishnagiri District 635 114 .. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to take steps in accordance with Section 14 of the Payment of Wages Act and ensure payment of wages to the members of the petitioner union in the second respondent factory and supervise the said payment of wages to the workers. For Petitioner :: Mr.K.Sudalaikannu For Respondents :: Mr.M.Elumalai Government Advocate for R1
ORDER
The present writ petition has been filed seeking a writ of mandamus, directing the Joint Director of Industrial Safety and Health, Hosur, Krishnagiri District, the first respondent herein to take steps/action in accordance with Section 14 of the Payment of Wages Act and ensure payment of wages to the members of the petitioner union in the second respondent factory and supervise the said payment and wages to the workers. https://hcservices.ecourts.gov.in/hcservices/
2. At the outset, this Court is inclined to mention that the writ petition cannot be entertained. Firstly, when the petitioner has made a complaint before this Court that the members of the petitioner union are not being paid with their monthly wages regularly, it is the bounden duty of the petitioner union, which is representing their members, to seek redressal before the first respondent in the manner known to law. Secondly, the copy of the letter enclosed at page-5 of the typedset does not mention the date of sending the representation. Although the learned counsel for the petitioner submitted that the seal of the Labour Officer's office, Krishnagiri dated 2.9.2016 is available, even that seal also does not relate to the first respondent's office.
Therefore this Court, for the reason that no proper representation has been made for invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India to issue a mandamus or writ to the first respondent to take steps/action against the second respondent, is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. Consequently, W.M.P.No.38294 of 2016 is also dismissed. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar ss To 1.The Joint Director of Industrial Safety and Health Hosur Krishnagiri District +1CC to Mr.K.Sudalaikannu, Advocate (SR.No.451) +1cc to Govt Pleader (Sr.No.203) W.P.No.44450 of 2016 KJI(CO) CB(23-01-2017) https://hcservices.ecourts.gov.