Bharat Heavy Electricals Ltd, v. The Deputy Chief Inspector Of

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED : 22.08.2019

CORAM:

THE HONOURABLE Dr.JUSTICE VINEET KOTHARI AND THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.A.(MD)No.483 of 2011 and M.P.(MD)No.2 of 2011 Bharat Heavy Electricals Ltd., Tiruchirappalli Unit, Tiruchirapalli 620 014.

Rep.by its General Manager (HR) .. Appellant Vs.

1.The Deputy Chief Inspector of Factories, Mannarpuram, Tiruchirappalli 620 020.

2.BHEL Complex Cooperative Labour Contract Society Ltd., R Sector Township, Kailasapuram, Trichy 620 014.

Rep.by its Special officer.

.. Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent Act, to set aside the order dated 15.11.2010 in W.P.(MD)No.10138 of 2009 passed by the Learned Single Judge of this Court.

Prayer in WP(MD). 10138/ 2009 :

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the 1st respondent in proceedigns No. E/1840/2009 dated 17/06/2009 and the consequential proceedings NO. E/1840/2009 dated 15/07/2009 and quash the same.

For Appellant ::

Mr.T.S.Gopalan For Respondents ::

Mrs.S.Srimathy, Spl.G.P.for R1 Mr.P.Jesi Jevapriya for R2 JUDGEMENT (Judgement of the Court was delivered by Dr.VINEET KOTHARI,J.) https://hcservices.ecourts.gov.in/hcservices/ The learned counsel at Bar on both sides submitted that since a regular Industrial Dispute has been raised by the BHEL Complex

Contract Labour Welfare Association before the Central Government Industrial Tribunal, Chennai in I.D.No.121 of 2015 under the directions of the Learned Single Judge in W.P.(MD)No.2330 of 2017 (The Executive Director, Bharat Heavy Electricals Limited, Trichirappalli Vs. Central Government Industrial Tribunal and Secretary of BHEL Vala Oppandha Thozhilalar Nala Sangam) decided on 17.07.2017, confirmed by the Division Bench of this Court in W.A. (MD)No.1032 of 2017 on 05.04.2017, the present Writ Appeal filed by Ms.Bharat Heavy Electricals Ltd., has become infructuous. 2.The present Writ petition was filed by the General Management (HR), Bharat Heavy Electricals Limited against the notice dated 17.06.2009 and the consequential proceedings dated 15.07.2009 issued by the first respondent. Since the Learned Single Judge dismissed that Writ petition vide order dated 15.11.2010, the Employeer / BHEL has filed the present Writ Appeal.

3.However, in view of the subsequent development as stated above and since the matter is pending now before the Central Government Industrial Tribunal, Chennai in I.D.No.121 of 2015 the present Writ Appeal has been rendered as infructuous. 4.We accordingly, dispose of the present Writ Appeal with liberty to the parties to agitate the issue before the Central Government Industrial Tribunal, Chennai. Consequently, connected M.P.is closed. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To The Deputy Chief Inspector of Factories, Mannarpuram, Tiruchirappalli 620 020.

+1 CC to M/s.P.MALINI, Advocate SR NO-83388 +1 CC to M/s.SPL GP , SR NO-83345 +1 CC to M/s.P. JESSI JEEVA PRIYA, Advocate SR NO-83412 +1 CC to M/s.S. SRI MATHY, Advocate, SR NO.-83287 W.A.(MD)No.483 of 2011 22.08.2019 NBJ MS/12.09.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/