Thennaga Thozhilaalar Sangam, v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2017

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH Writ Petition No.7499 of 2016 and W.M.P.No.6716 of 2016 Thennaga Thozhilalar Sangam rep. by its President ... Petitioner vs.

1.The State of Tamil Nadu rep. by its Secretary, Labour and Employment (A1) Dept., Fort St. George, Chennai - 9.

2.The Labour Officer 3, Kuralagam, Chennai.

3.The Commissioner of Labour, Teynampet, Chennai - 6.

4.The Dean and Director, Padma Seshadri Bala Bhavan Sr. Sec. School, Chennai - 34.

5.Padma Seshadri Bala Bhavan Senior Secondary School, No.29, Azhagiri Salai, K.K.Nagar, Chennai - 78.

6.The Management of M/s.Service Care Private Ltd., Chennai - 32.

7.The Management of M/s.Citidale Enterprises Private Ltd., Chennai - 18.

... Respondents Writ petition filed under Article 226 of the Constitution of India, praying for a Writ of certiorarified mandamus to call for the records of the first respondent in connection with the impugned order dated 03.11.2015 in G.O.(D) No.600 and quash the same and direct the first respondent to refer the demands by the workers for adjudication by the Labour Court.

For Petitioner : Mr.S.Ravi For Respondents :

Mr.S.Diwakar, Spl. Govt. Pleader for R1 to R3 Mr.N.B.N.Swamy for R4 & R5 Mr.G.Sugadev Rajaguru for R6

ORDER

The impugned order has been passed declining to refer the dispute raised by the petitioner to the jurisdictional Labour Court.

2.A perusal of the impugned order would show that absolutely no reason has been assigned on receipt of the failure report from the Conciliation Officer. The role of the first respondent is rather limited. It cannot go into the merits of the case as sought to be canvassed by the learned counsel for the sixth respondent. The question as to whether the members of the petitioner are working under the sixth respondent or respondents 4 and 5 is a matter to be decided by the Labour Court. 3.In such view of the matter, the impugned order is set aside. Consequently, a direction is issued to the first respondent to refer the dispute to the jurisdictional Labour Court within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

-s/dAssistant Registrar(Csv) True Copy Sub-Assistant Registrar mmi To 1.The Secretary to Government, Labour and Employment (A1) Dept., Fort St. George, Chennai - 9.

2.The Labour Officer 3, Kuralagam, Chennai.

3.The Commissioner of Labour, Teynampet, Chennai - 6.

+1 cc to Mr.S.Ravi Advocate sr 19384 W.P.No.7499 of 2016 aa11/04/2017