Mrf Arakonam Workers v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2016 C O R A M THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.NO.9502 OF 2016 AND WMP NO.8547 OF 2016 MRF Arakonam Workers' Welfare Union (Regn. No.1268/VLR) No.4, Shastri Nagar, Itchiputhur Village & Post, Arakonam Taluk - 631 003.

Vellore District.

Rep. By its General Secretary ...

Petitioner Vs.

1.Government of Tamil Nadu Rep. By its Secretary Labour and Employment Department Fort St. George, Chennai - 600 009.

2.The Commissioner of Labour DMS Compound, Teynampet, Chennai - 600 018.

3.The Secretary Ministry of Labour Shram Shakti Bhavan, New Delhi.

4.The Plant Manager MRF Limited - Arakonam Plant Itchiputhur, Arakonam.

5.MRF United Workers Union (Regn.No.1169/VLR) Rep. By its General Secretary Abdullah Street, Sholinghur Road, Arakonam - 631 001.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records culminated in the second respondent's impugned letter ref. C2/58170/2015, dated 03.03.2016 and quash the same.

For Petitioner :

Mr.J.Prakasam For Respondent-5 :

Mr.V.Prakash Senior Counsel for Mr.K.Sudalaikannu

O R D E R

Heard Mr.J.Prakasam, learned counsel for the petitioner and Mr.V.Prakash, learned Senior Counsel for Mr.K.Sudalaikannu, learned counsel for the fifth respondent. 2.The petitioner has filed this writ petition for issuance of writ of certiorari to quash the proceedings issued by the second respondent dated 03.03.2016.

3.The proceedings issued by the second respondent is only a notice regarding convening of a preliminary meeting on 14.03.2016 and the petitioner could not have been aggrieved by such a notice and the same could not have been put to challenge. This was clearly brought out by this Court in the order dated 15.03.2016 when the matter was listed for admission. This Court pointed out that certain portions of the affidavit filed in support of the writ petition do not augur well. 4.It is submitted by the learned Senior Counsel for the fifth respondent that the meeting had been proceeded and election is already over. Even today, the learned counsel for the petitioner is not ready to get along with the matter and seeks for adjournment. The manner in which the matter has been proceeded with by the petitioner is not appreciated. In any event, the meeting pursuant to the impugned communication is already over and nothing survives for further adjudication in this writ petition.

5.Accordingly, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar TK

To 1.The Secretary Government of Tamil Nadu Labour and Employment Department Fort St. George, Chennai - 600 009.

2.The Commissioner of Labour DMS Compound, Teynampet, Chennai - 600 018.

3.The Secretary Ministry of Labour Shram Shakti Bhavan, New Delhi.

+1 cc to K.Sudalaikannu, Advocate, sr.22974 +1 cc to R.Prabhakaran, Advocate, sr.24512 W.P.NO.9502 OF 2016 nr co kra 28.04.2016