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Madras High CourtWP(MD)/10623/2019disposed of

S.Selvaganapathy v. The Secretary To Government,

2025-02-07Honourable Mr.Justice Mummineni Sudheer Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR S.Selvaganapathy ... Petitioner -vs1.The Secretary to Government Labour Welfare Department Government of Tamil Nadu Fort St.George Chennai-600 009 2.The Secretary to Government Transport Department Government of Tamil Nadu Fort St.George Chennai-600 009 3.The Commissioner of Labour Labour Commissioner Office T.M.S.Complex Thenampet Chennai-600 006 4.The Assistant Commissioner of Labour Labour Department Lotus Tank Race Course Road K.Pudur, Madurai-625 007 ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus mandamus to direct the respondents to take appropriate action under Sections 25T and 25U of the Industrial Disputes Act, 1947, which is pending on the file of the fourth respondent, within a time frame stipulated by this Court.

For Petitioner :

Mr.A.Mu.Sharavanan For Respondents :

Mr.R.Ragavendran Government Advocate

O R D E R

On 05.02.2025, when the matter was taken up for consideration, this Court has passed the following order:

"In the light of the statement made in Paragraph No.6 of the counter affidavit filed by the respondents, learned Additional Government Pleader appearing for the respondents is directed to ascertain as to why the fourth respondent has not disposed of the proceedings pending before him till date even after a lapse of five years."

2. Further, this Court had also taken note of the stand of the respondents in the counter affidavit that the fourth respondent was already instructed to dispose of the petition filed by the petitioner, as early as on 28.07.2020. In spite of the same, the proceedings are not disposed of by the fourth respondent till date.

3. In response to the same, learned Government Advocate appearing for the respondents, on instructions from the fourth respondent, submitted that the fourth respondent is undertaking to dispose of the proceedings that are pending before him under Sections 25T and 25U of the Industrial Disputes Act, 1947, within a period of twelve weeks from today.

4. In the light of the above, this writ petition is disposed of by directing the fourth respondent to dispose of the proceedings that are pending before him under Sections 25T and 25U of the Industrial Disputes Act, 1947, initiated by the petitioner against the second respondent alleging unfair labour practice, within a period of twelve weeks from today.

5. The fourth respondent is further put on notice that in case if he fails to comply with the above direction issued by this Court, the matter will be viewed seriously by this Court. No costs. 07.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Secretary to Government, Labour Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Secretary to Government, Transport Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

3.The Commissioner of Labour, Labour Commissioner Office, T.M.S.Complex, Thenampet, Chennai-600 006.

4.The Assistant Commissioner of Labour, Labour Department, Lotus Tank, Race Course Road, K.Pudur, Madurai-625 007.

MUMMINENI SUDHEER KUMAR, J.

krk 07.02.2025