M/S.Bharathiya Petroliya Thozhilalarhal Sangam v. M/S.Indian Oil Corporation Limited
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR M/s.Bharathiya Petroliya Thozhilalarhal Sangam (previously known as M/s.Bharathiya Pothu Thozhilalarhal Sangam) represented by its Organizing Secretary Mr.Ganesan Regn.No.TNCHEJCL1CHETU-50-24-00086 Kesavardudil, No.5 Rangasayee Street, Perambur Chennai-600 011 ... Petitioner -vs1.M/s.Indian Oil Corporation Ltd., Indian Bottling Plant represented by its Deputy General Manager (Plant) Inamkulathur, Trichy Trichy District-620 009 2.The Executive Director (Rs) Indian Oil Corporation Ltd.
(Marketing Division) Indian Oil Bhavan Chennai-600 034
3.M/s.Vishal Testing & Services 1/623, Pgn Apartment Muttukadu Road Kottivakkam Chennai-600 041 4.The Government of India Ministry of Petroleum & Natural Gas Shastri Bhawan New Delhi-110 001 5.The Government of India Ministry of Labour J696+Qp4 Shram Shakti Bhawan Rafi Marg New Delhi-110 001 6.The Presiding Officer (In-Charge) Central Government Industrial Tribunal-cum-Labour Court 1st Floor, Sastri Bhavan No.26, Haddows Road Chennai-600 006 7.The Deputy Chief Labour Commissioner - Central Sastri Bhavan No.20, Haddows Road Chennai-600 006 8.Director of Industrial Safety & Health 47/1, Sidco Industrial Estate Guindy Chennai-600 032
9.M/s.LPG Cylinder Lorry Owner Association 54/7, R.K.Complex Seelanaikanpatti Auttur Bye Pass Road Salem-636 201 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the sixth respondent to finally decide the industrial dispute pending on his file as F.No.L-30011/05/2023-IR(M) and pass final Award within the time stipulated by this Court. For Petitioner :
Mr.M.Arumugam For Respondents :
Mr.Anantha Gopalan for M/s.Agam Legal for R1 & R2 Mr.A.Baskaran Additional Government Pleader for R8
O R D E R
This writ petition has been filed by the petitioner - Union seeking a writ of mandamus directing the sixth respondent to finally decide the industrial dispute pending on his file in F.No.L-30011/05/2023-IR(M) and pass final Award within the time to be stipulated by this Court.
2. Though this Court, at the first instance, entertained a doubt about maintainability of this writ petition before this Bench as the cause of
action arose only at Chennai and both the petitioner - Union and the sixth respondent are also located at Chennai, this Court is not inclined to go into the said aspect as the same is likely to cause further delay in the matter and this Court is not inclined to go into the merits of the case.
3. The facts of the case are that the dispute that is alleged to have been raised by the petitioner - Union herein was referred to the Central Government Industrial Tribunal-cum-Labour Court, Chennai, by an order dated 28.03.2023, under Section 10 of the Industrial Disputes Act, 1947 (in short, "the Act, 1947"). The grievance of the petitioner is that though the learned Labour Court, who is arrayed as sixth respondent herein, has taken the reference on record, no steps have been taken pursuant to the same through the reference made as early as on 28.03.2023, through the order dated 28.03.2023.
4. In terms of Section 10B of the Act, 1947, once a reference is made to the Industrial Tribunal, the party, who raised the dispute, is under obligation to submit it's claim petition together with documents and list of witnesses etc., within a period of fifteen days from the date of receipt of a copy of the reference order. On being asked, the petitioner herein brought to the
notice of this Court that the said claim was filed and the industrial dispute was numbered as I.D.No.32 of 2023, but no further proceedings have taken place.
5. Admittedly, there is no Presiding Officer in the Central Government Industrial Tribunal-cum-Labour Court at Chennai for the past eighteen months. However, some In-charge arrangements appear to have been made. Learned counsel appearing for respondents 1 & 2 submitted that their response to the industrial dispute would be filed within a period of six weeks.
6. In the circumstances, this writ petition is disposed of directing the learned Central Government Industrial Tribunal-cum-Labour Court, Chennai, to take steps for disposal of the industrial dispute as expeditiously as possible and avoiding unnecessary adjournments in accordance with law. No costs.
23.04.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk
To:
1.The Government of India, Ministry of Petroleum & Natural Gas, Shastri Bhawan, New Delhi-110 001.
2.The Government of India, Ministry of Labour, J696+Qp4, Shram Shakti Bhawan, Rafi Marg, New Delhi-110 001.
3.The Presiding Officer (In-Charge), Central Government Industrial Tribunal-cum-Labour Court, 1st Floor, Sastri Bhavan, No.26, Haddows Road, Chennai-600 006.
4.The Deputy Chief Labour Commissioner - Central, Sastri Bhavan, No.20, Haddows Road, Chennai-600 006.
5.The Director of Industrial Safety & Health, 47/1, Sidco Industrial Estate, Guindy, Chennai-600 032.
MUMMINENI SUDHEER KUMAR, J.
krk 23.04.2025