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Madras High CourtWP(MD)/17879/2016ordered

The Management, v. The Labour Officer,

2018-02-09Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17879 of 2016 The Management, IIPE Lakshmiraman Higher Secondary School, Uthamapandiankulam, Palaiyamcottai Taluk, Tirunelveli District.

... Petitioner Vs.

1. The Labour Officer, Office of the Labour C-91, 2nd Cross Street, Maharaja Nagar, Tirunelveli.

2.S.Shanmugasundaram ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent herein to complete enquiry in his proceedings in Na.Ka.No.A/255/2016 after affording opportunity to the 2nd respondent and the petitioner on the representation dated 09.08.2016 and pass orders on merits and in accordance with law within the time limit as fixed by this Court. For Petitioner : Mr.M.Elanchezhian For Respondent : Mrs.S.Srimathy, Spl.G.P. for RR1 No Appearance for R2

ORDER

The petitioner is an educational institution. The second respondent herein was employed as a Driver in the petitioner's school. There is a dispute between the petitioner and the second respondent.

2.The second respondent's grievance is that he was not being given employment by the petitioner. Therefore, the matter is pending before the first respondent at the stage of conciliation. Even though the conciliation proceedings commenced in May 2016 and https://hcservices.ecourts.gov.in/hcservices/

the petitioner was ordered to be present on 10.06.2016, till date, the proceedings have not concluded.

3.On account of the pendency of the conciliation proceedings, the petitioner is not able to take any action. All that the petitioner seeks is that the conciliation proceeding before the first respondent should be speedily concluded. This request is reasonable. The conciliation officer must endeavour to conciliate and submit a report one way or other. The matter cannot be indefinitely prolonged. Therefore the first respondent is directed to conclude the proceedings within a period of 8 weeks from the date of receipt of a copy of this order. 4.This writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To The Labour Officer, Office of the Labour, C-91, 2nd Cross Street, Maharaja Nagar, Tirunelveli.

+ 1 cc TO Mr.K.Hemakarthikeyan , Advocate in SR No. 47801 + 1 cc TO The Special Government Pleader in SR No. 48240 Arul AE/RSK/SAR4/08.05.2018/2P/4C W.P(MD)No.17879 of 2016 09.02.2018 https://hcservices.ecourts.gov.in/hcservices/