C.Eraniappan v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.14666 OF 2017 AND W.M.P.NO.15918 OF 2017 C.Eraniappan ... Petitioner .Vs.
1. The Government of Tamil Nadu, Rep. by its Secretary, Labour and Employment Department, Fort St. George, Chennai - 600 009.
2. The Assistant Commissioner of Labour (Conciliation) - I, SIPCOT Plan Office Campus, Irunkattukottai, Sriperumbudur Taluk, Kanchipuram District.
3. The Management, Sanmina SCI India Private Limited, OZ-1, SIPCOT Hi-Tech SEZ, Oragadam, Sriperumbudur Taluk, Kancheepuram District - 602 105.
4. Indian National Engineering Employees' Union (INTUC), I.N.T.U.C. Bhavan, No.270, M.T.H. Road, Sidco Estate, Ambattur, Chennai - 600 098.
... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the First and Second Respondents hold election by secret ballot from among the workers of Sanmina SCI India Private Limited, so as to enable the Third Respondent management to recognize the union enjoying majority, for negotiation of industrial disputes.
For Petitioner :
Mr.K.Bharathi For Respondents :
Mr.V.Jeevagiridharan Additional Government Pleader (For R1 & R2) Mr.C.Manohar Gupta For M/s.Gupta & Ravi (For R3) R4 - No appearance
O R D E R
Heard Mr.K.Bharathi, Learned Counsel for the Petitioner, Mr.V.Jeevagiridharan, Learned Additional Government Pleader appearing for the First and Second Respondents, Mr.C.Manohar Gupta, Learned Counsel appearing for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2. This Writ Petition has been filed for directing the First and Second Respondents to hold election by secret ballot from and among the workers of Sanmina SCI India Private Limited so as to enable the Third Respondent to recognize the Trade Union enjoying majority for negotiation of industrial disputes.
3. As Learned Counsel for the Petitioner states that there has been drastic fall in the membership strength of the Trade Union represented by the Petitioner after the filing of the Writ Petition, it appears to be a futile exercise to venture into the task of determining the controversy involved in the Writ Petition at this distance of time. It is made clear that no view has been expressed by the Court on the rival contentions of the parties and that no one else intending to agitate the same issue, if it arises in future, shall be precluded from working out his rights before the proper forum in the manner recognized by law in that regard.
In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
Maya To 1.
The Secretary Labour and Employment Department, Fort St. George, Chennai - 600 009.
2.
The Assistant Commissioner of Labour (Conciliation) - I, SIPCOT Plan Office Campus, Irunkattukottai, Sriperumbudur Taluk, Kanchipuram District.
3.
The Management, Sanmina SCI India Private Limited, OZ-1, SIPCOT Hi-Tech SEZ, Oragadam, Sriperumbudur Taluk, Kancheepuram District - 602 105.
4.
The Indian National Engineering Employees' Union (INTUC), I.N.T.U.C. Bhavan, No.270, M.T.H. Road, Sidco Estate, Ambattur, Chennai - 600 098.
+1cc to Mr.K.Bharathi, Advocate, S.R.No.38424 +1cc to M/s.Gupta & Ravi, Advocate, S.R.No.38438 +1cc to the Government Pleader, S.R.No.38588 W.P.NO.14666 OF 2017 MG(CO) PBS/30/06/2022