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Madras High CourtWP/30757/2023closed

Caterpillar India Private Limited v. The Joint Director Of Industrial Safety And Health

2025-04-15Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.30411, 30417 of 2023 and 3621 & 3624 of 2024 Caterpillar India Private Limited, Survey No.33 to 88, 94, 121, 122, Door No.128, Sriperumbudur Road, Melnallathur Panchayat, Tiruvallur - 602 004.

Rep. By its Director / Authorised Signatory.

...Petitioner in

both W.P.'s Vs.

1. The Joint Director of Industrial Safety and Health No.6/9, 2nd floor, Lalbahadur Sastri St.

Periyakuppam, Tiruvallur - 602 001.

2. The Deputy Director of Industrial Safety and Health, No.6/9, 2nd floor, Lalbahadur Sastri St.

Periyakuppam, Tiruvallur - 602 001.

...Respondents

in both W.P.'s Common Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to pass a speaking order after considering the petitioner's replies dated 06.02.2023 and 08.02.2023 and providing a personal hearing to he petitioner on the proceeding No.(B)/155/2023 dated 18.01.2023.

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For Petitioner : Ms.S.B.Keerthiga for M/s.Agam Legal For Respondents : Mr.K.Surendran, AGP COMMON ORDER Since the issue involved in the present writ petitions are one and the same they are disposed of by way of this common order.

2. The case of the petitioner in respective writ petition is that the petitioner, a U.S. headquartered multinational manufacturing earthmoving equipment, acquired Hindustan Motor's Earth Moving Division in 2001 and has since maintained an industrial canteen in compliance with the Factories Act, 1948. The canteen operations have been outsourced to licensed third-party vendors, and since 2014, cooking has been discontinued on-site with food supplied by external vendors. On 12.01.2023, an inspection by the first respondent alleged that no industrial canteen was being run for over 4,000 factory employees and an inspection report was forwarded to the petitioner, calling upon the petitioner on 18.01.2023 to show cause for the alleged non-compliance. The petitioner responded on 06.02.2023 and 08.02.2023 explaining their compliant practice. However, no formal order has been issued by the 1st respondent till date. As a result, the petitioner has filed the above writ 2/4

petitions seeking the aforesaid relief.

3. When the matter is taken up for hearing it is brought to the notice of this Court, that pursuant to the explanations given by the petitioner dated 06.02.2023 and 08.02.2023, an order has been passed on 09.03.2025 by the first respondent. Hence, no further orders is necessary in these writ petitions.

4. Accordingly, these writ petitions stand closed. No costs. Consequently connected miscellaneous petitions are closed. 15.04.2025 rap Speaking Order : Yes/ No Index : Yes/ No NCC : Yes/ No 3/4

M.DHANDAPANI., J.

rap To

1. The Joint Director of Industrial Safety and Health No.6/9, 2nd floor, Lalbahadur Sastri St.

Periyakuppam, Tiruvallur - 602 001.

2. The Deputy Director of Industrial Safety and Health, No.6/9, 2nd floor, Lalbahadur Sastri St.

Periyakuppam, Tiruvallur - 602 001.

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