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Madras High CourtWP(MD)/10422/2025disposed of

National Food Corporation Of India v. The Zonal Manager

2025-06-30Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR National Food Corporation of India, Export and Import Labour Union INTUC, (Regd. with 12/Chir Delhi Affiliation No.011067, Represented by its General Secretary, P.Kathirvel, No.147, Great Cotton Road, Tuticorin-628 001.

... Petitioner Vs.

1.The Zonal Manager, No.2, Haddows Road, Nungambakkam, Chennai-600 006.

2.The Deputy Chief Labour Commissioner (Central), Shastri Bhavan, 5th Floor 'A' Wing, No.26m Haddiws Riad, Nungambakkam, Chennai-600 006.

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3.The Divisional Manager, MG Complex (Divisional Office), Palay Road, Thoothukudi, Thoothukudi District-628 008.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent herein to direct the respondents 1 and 3 to regularise and departmentalise forthwith the services of the workers of the petitioner's Union with all attendant and service benefits as per the proceedings of the second respondent Deputy Chief Labour Commissioner (Central), dated 25.02.2019 and pass such further or other orders as this Court. For Petitioner : Mr.T.Cibichakraborthy For R-1 & R-3 : Mr.M.Kumar

ORDER

The present writ petition has been filed by the Union attached to National Food Corporation of India seeking a Mandamus to direct the second respondent in turn to direct the respondents 1 and 3 to regularise and departmentalize the services of the workers of the petitioner Union as per the proceedings of the second respondent, dated 25.02.2019.

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2. It is brought to the notice of the Court that the order of the second respondent, dated 25.02.2019 was put to challenge by the Food Corporation of India in W.P.No.9552 of 2019 before the Principal Bench and the said order was set aside by an order, dated 17.11.2023. In view of the subsequent developments, as on today, a Mandamus cannot be issued to implement the order of the second respondent, dated 25.02.2019.

3. The learned Counsel appearing for the petitioner submits that a proposal to introduce a Single Labour System is pending in the Food Corporation of India and to implement the said proposal, a representation has been given by the Labour Union on 23.11.2024 to the respondents 2 and 3. On instructions, the learned Counsel appearing for the petitioner submits that, it would be suffice that the respondents 2 and 3 are directed to consider the said representation.

4. The learned Counsel appearing for the Food Corporation of India submits that, the Single Labour System is only in the proposal stage and it has not been approved. However, considering the request made by the petitioner 3/6

Union, the respondents 2 and 3 are directed to consider the representation of the petitioner, dated 23.11.2024 after giving opportunity to the respondents 1 and 3 herein.

5. With the above said observation, this writ petition stands disposed of. There shall be no order as to costs.

30.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Zonal Manager, No.2, Haddows Road, Nungambakkam, Chennai-600 006.

2.The Deputy Chief Labour Commissioner (Central), Shastri Bhavan, 5th Floor 'A' Wing, No.26m Haddiws Riad, Nungambakkam, Chennai-600 006.

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3.The Divisional Manager, MG Complex (Divisional Office), Palay Road, Thoothukudi, Thoothukudi District-628 008.

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R.VIJAYAKUMAR, J.

BTR 30.06.2025 6/6