V.Neelakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR V.Neelakrishnan ... Petitioner -vs1.The District Collector Tirunelveli District 2.The District Collector Tuticorin District 3.The Director of NPCIL 16th Floor, Centre-I World Trade Centre Cuffe Parade Colaba Mumbai-400 005 4.The Campus Director Nuclear Power Corporation of India Koodankulam 5.The Labour Welfare Commissioner Labour Welfare Regional Office Tirunelveli

6.The Regional Labour Commissioner Central Labour Welfare Regional Office No.5, Old No.1u Lady Doak College Road Chinnasokikulam Madurai-625 002 7.The Chief Executive Officer M/s.Larsen & Toubro Ltd., Heavy Civil - Infrastructure IC Ports & Harbours BU Mount Poonamallee Road Manapakkam Chennai-600 089 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 to reinstate the petitioner by taking appropriate action against the seventh respondent by considering the petitioner's representation dated 28.06.2024 by fixing a time frame by this Court.

For Petitioner :

Mr.V.Vijayendiran For Respondents :

Mr.F.Deepak Special Government Pleader for R1 to R6

O R D E R

This writ petition has been filed by the petitioner seeking a direction to the respondents 1 to 6 to reinstate him in service by taking appropriate action against the seventh respondent - Company, by considering his representation dated 28.06.2024.

2. This Court has perused said representation dated 28.06.2024 and the affidavit filed in support of the writ petition and is of the view that the petitioner's primary grievance appears to be retrenchment of his service from the seventh respondent - Company in the month of May, 2024. Though the same is his grievance, the petitioner submitted a representation dated 28.06.2024 generalizing the grievance of all other employees as well.

3. Further, in the case of retrenchment of an employee, the Deputy Commissioner of Labour concerned would be the appropriate Authority to initiate appropriate proceedings for conciliation etc., and in case if the conciliation fails, the employee has to file a petition under the provisions of the Industrial Disputes Act, 1947.

4. In the light of the above, this writ petition is disposed of granting liberty to the petitioner to raise a dispute before the competent Authority / Deputy Commissioner of Labour, Tirunelveli, in connection with the retrenchment of his service from the seventh respondent - Company and in case if any such complaint is made, the Deputy Commissioner of Labour, Tirunelveli, shall take appropriate action in accordance with law. No costs. 03.03.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Note to Office:

Mark a copy of this order to the Deputy Commissioner of Labour, Tirunelveli.

krk To:

1.The District Collector, Tirunelveli District.

2.The District Collector, Tuticorin District.

3.The Director of NPCIL, 16th Floor, Centre-I, World Trade Centre, Cuffe Parade Colaba, Mumbai-400 005.

4.The Campus Director , Nuclear Power Corporation of India, Koodankulam.

5.The Labour Welfare Commissioner, Labour Welfare Regional Office, Tirunelveli.

6.The Regional Labour Commissioner, Central Labour Welfare Regional Office, No.5, Old No.1u, Lady Doak College Road, Chinnasokikulam, Madurai-625 002.

MUMMINENI SUDHEER KUMAR, J.

krk 03.03.2025