The Factory Manager v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM W.P.No.23155 of 2017 and W.M.P.No.24322 of 2017 The Factory Manager, M/s.Hindustan Unilever Ltd., Personal Products Factory, NH-14A, Vadamangalam, Puducherry-605 102.

.. Petitioner -vs1.The Presiding Officer, Industrial Tribunal cum Labour Court, Puducherry.

2.Pond's (India) Limited Soap Division Employees Welfare Union, Rep., by its Secretary, Mr.R.Murugan, Uruvaiyur, Villianur, Puducherry.

.. Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records connected with I.D.No.11 of 2010 and quash the award dated 19.05.2017, passed by the 1st respondent, i.e., the Presiding Officer, Industrial Tribunal cum Labour Court, Puducherry.

For Petitioner : Mr.Sanjany Mohan For M/s.Ramasubramaniam & Associates For Respondents : R1 - Labour Court : R2 - Mr.P.R.Thiruneelakandan ******

ORDER

The award dated 19.05.2017, passed by the 1st respondent in I.D.No.11 of 2010 is under challenge in the present writ petition.

1/3

2.The learned counsel appearing on behalf of the writ petitioner Management made a submission that the Management has no objection in extending the benefits of the Settlement dated 02.02.2010 to the members of the 2nd respondent Union. Such a decision is taken by the Management in order to maintain industrial peace and to extend the benefits uniformly to all the employees working with the writ petitioner Management. The award of the Labour Court is, admittedly, in favour of the employees and the Labour Court extended the benefits of the Settlement to the members of the 2nd respondent Union. 3.Further, it is brought to the notice of this Court that after the Settlement dated 02.02.2010, another two settlements were entered into between the recognised Union and the Management during 2013 and 2017. Those two settlements were also implemented in respect of the employees of the writ petitioner Management. However, those two settlements are no way connected with the impugned order, which is under challenge in this writ petition.

4.In view of the submission that the Management is ready and willing to implement the award and extend the benefits to the members of the 2nd respondent Union, no further adjudication on merits needs to be undertaken. Accordingly, the writ petitioner Management is directed to implement the same as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order.

5.With the above observations and direction, this writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar (abr) 2/3

To The Presiding Officer, Industrial Tribunal cum Labour Court, Puducherry.

+1cc to M/s.Ramasubramaniam & Associates, Advocates sr.99819 +1cc to Mr.P.R.Thiruneelakandan, Advocate sr.100137 W.P.No.23155 of 2017 vgii(co) nr 28/01/2020 3/3