Madras High CourtWP(MD)/13451/2014disposed of

A.Velusamy, v. Bunge India Pvt Ltd.,

2020-12-17Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD).No.13451 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.13451 of 2014 A.Velusamy ... Petitioner -Vs1. Bunge India Private Limited, Represented by its Managing Director, Bunge India Private Limited, Edamalaipattiputhur, Tiruchirappalli.

2. The Labour Commissioner, DMS Campus, Annasalai, Chennai.

3. The Additional Commissioner of Labour (Conciliation), Tiruchirappalli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to implement the proposal of the third respondent proceeding No.Na.Ka.A/202/12, dated 27.11.2012 and regularize the employment of the petitioner's union workers working in the first respondent company.

For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.K.Saravanan (for R1) Mr.P.Mahendran Additional Government Pleader (for R2 and R3)

ORDER

The relief sought for in the present writ petition is to direct the first respondent to implement the proposal of the third respondent proceeding No.Na.Ka.A/202/12, dated 27.11.2012. 2.The order, dated 27.11.2012, is the proposal submitted with reference to the termination of Contract Labourers. The letter was addressed to the Commissioner of Labour. If at all the grievances https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.13451 of 2014 of the writ petitioner are not redressed, he is bound to approach the competent labour forum for the purpose of redressal of his grievances. Contrarily, High Court cannot adjudicate such disputed issues for the purpose of issuing any sought directions. All such labour disputes are to be resolved by way of an adjudication before the competent labour court based on the evidences and documents available. Such an exercise cannot be done in a writ proceedings. Thus, the petitioner is at liberty to approach the competent labour forum for the purpose of redressal of his grievances. 3.With these observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) sji To

1. The Labour Commissioner, DMS Campus, Annasalai, Chennai.

2. The Additional Commissioner of Labour (Conciliation), Tiruchirappalli.

+1cc to Mr.K.Jayaraman, Advocate, SR.No.26588. +1cc to the SPL GP SR.No.26204.

W.P.(MD).No.13451 of 2014 17.12.2020 VR(CO) CS(06.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2