M/S.Indroyal Crafts Pvt. v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 16109 of 2017 and W.M.P. No. 17394 of 2017 Indroyal Furniture & Craft (P) Limited Rep. by its Director - N.Madhusoothanan 6-11-40, Indroyal Nagar Kambley, Ayikudy Tenkasi Tirunelveli District - 627 852.

... Petitioner -vs1. The Secretary Labour and Employment (B1) Department Fort St. George Chennai - 600 009.

2. M/s. Indroyal Furniture & Craft Private Limited Labour Union (CITU) Rep. by its Secretary 6-11-35, Indroyal Nagar Kambley, Ayikudy Tenkasi Tirunelveli District - 627 852.

3. National Labour Association Rep. by its President 188, Kaliyappar Street Tuticorin - 688 001.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the First Respondent in respect of G.O. (level) No.111, Labour and Employment (B1) Department and quash its order dated 26.05.2017 and direct the First Respondent to hold enquiry in respect of application for permission dated 03.04.2017 filed by the Petitioner.

For Petitioner :

Mr. S.Bazeer Ahamed For Respondents :

Mr. K.S.Narayanan (For R3) Mr. P.Balathandayutham (For R1) Special Government Pleader R2-No appearance

O R D E R

Heard Mr. S.Bazeer Ahamed, Learned Counsel for the Petitioner, Mr. P.Balathandayutham, Learned Special Government Pleader appearing for the First Respondent and Mr. K.S.Narayanan, Learned Counsel 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 challenging G.O. (level) No.111, Labour and Employment (B1) Department dated 26.05.2017 issued by the First Respondent and to consequently direct the First Respondent to hold enquiry in respect of the application dated 03.04.2017 for granting permission filed by the Petitioner.

3.

Learned Counsel for the Petitioner has filed a memo dated 22.06.2022 which reads as follows:- "

It is submitted that the Writ Petition relates to challenging the order of First Respondent dated 26.05.2017 / 29.05.2017 rejecting the application for permission for retrenchment of 37 workmen.

It is submitted that 36 workmen concerned in the writ petition have entered into a settlement under Section 18(1) of the ID Act and left the services of the Petitioner. One workmen has been reinstated and transferred which is subject matter of ID No. 28 of 2019 pending before Labour Court, Tirunelveli. Hence, the subject matter of writ petition has become infructuous.

It is therefore prayed that this Hon'ble Court may be pleased to pass orders closing the writ petition as it is infructuous."

In view of the same, nothing remains for further consideration

in the Writ Petition.

In fine, the Writ Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar Maya To

1. The Secretary Labour and Employment (B1) Department Fort St. George Chennai - 600 009.

2. The Secretary, M/s. Indroyal Furniture & Craft Private Limited Labour Union (CITU) 6-11-35, Indroyal Nagar Kambley, Ayikudy Tenkasi Tirunelveli District - 627 852.

3. The President, National Labour Association 188, Kaliyappar Street Tuticorin - 688 001.

+1cc to Mr.S.Bazeer Ahamed, Advocate, S.R.No.38459 +1cc to the Government Pleader, S.R.No.38563 W.P. No. 16109 of 2017 AD(CO) UMA(05/07/2022)