Madras High CourtWP/17763/2017withdrawn dismissed

Airports Authority Employees v. Government Of India

2019-09-19Honourable Mr Justice S.M. Subramaniam2 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED :19.09.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17763 of 2017 Airports Authority Employees Union Chennai Metro Branch Rep.by its Joint General Secretary (All India basis) Chennai Airport, Meenambakkam Chennai - 600 027 ..Petitioner vs 1.Government of India, Rep.by its Secretary, Ministry of Labour and Employment Department Rafi Marg, New Delhi.

2.The Assistant Labour Commissioner (Central) Ministry of Labour and Employment, Office of Deputy Chief Labour Commissioner(Central) No.4, Haddows Road, Shastri Bhavan, Chennai - 600 006 3.The Management Airports Authority of India, Rep.by its Airport Director / Regional Executive Director, Chennai Airport, Meenambakkam, Chennai - 600 027 ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the 3rd respondent from giving effect to the order of transfer issued to R.Ravichandran (Emp.Code No.10004115) and N.Subramani (Emp.Code No.10004481) both working at Chennai Airport as Senior Superintendent (Fire Service) Selection Grade, without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes dated 05.07.

2017 raised by the petitioner union regarding the cancellation of the transfer orders issued to R.Ravichandran and N.Subramani, on which the 2nd respondent has initiated conciliation proceedings by issuing the Conciliation Notice dated 05.07.2017 bearing No.M.8/10/2017-B3 and further direct the 2nd respondent to bring about a settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act and in turn direct the 1st respondent to refer the dispute for adjudication before the competent Industrial Adjudicator. https://hcservices.ecourts.gov.

For Petitioner : Mr.Balan Haridas For Respondents : Mr.A.Vijayakumar Central Government Standing counsel for R1 & R2 M/s.A.Arul Mary for R3

O R D E R

The learned counsel for the writ petitioner seeks permission of this Court to withdraw the writ petition and this Court has granted permission to withdraw the writ petition. The learned counsel for the writ petitioner has also made an endorsement to that effect.

2.Recording the same, the writ petition stands dismissed as withdrawn. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Secretary, Government of India, Ministry of Labour and Employment Department Rafi Marg, New Delhi.

2.The Assistant Labour Commissioner (Central) Ministry of Labour and Employment, Office of Deputy Chief Labour Commissioner(Central) No.4, Haddows Road, Shastri Bhavan, Chennai - 600 006 3.Airport Director / Regional Executive Director, Chennai Airport, The Management Airports Authority of India, Meenambakkam, Chennai - 600 027 +1cc to Mr.A.Vijayakumar, Advocate, SR.No.81309 +1cc to M/s.Fr.Xavier Associates, Advocate, SR.No.80896 W.P.No.17763 of 2017 Kak(07/11/2019) https://hcservices.ecourts.gov.in/hcservices/