United Labour Federation vs The Government Of Tamil Nadu on 17 April, 2018

[Cites 4, Cited by 0]

Madras High Court

United Labour Federation vs The Government Of Tamil Nadu on 17 April, 2018

Bench: S.M.Subramaniam

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.28960 of 2017

United Labour Federation ,
Regon.No.2657/CNI
Represented by its Secretary,
No.149, Thambu Chetty Street,
CJ Complex, Fourth Floor,
Chennai-600 001.                                                           ..Petitioner 
                                                     
.. Vs ..

1.The Government of Tamil Nadu,
   Rep.by its Secretary,
   Department of Labour and Employment,
   Fort. St.George,
   Chennai.

2.The Assistant Commissioner of Labour(Conciliation-1),
   (Conciliation-1)
   Sriperumbudur.

3.The Management of Katsushiro Matex India
      Pvt.Ltd.,
   Plot No.A38 & 39,
   SIPCOT Industrial Growth Center,
   Oragadam,
   Kancheepuram District.                                          .. Respondents
      			
Prayer:  Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to directing the 2nd respondent herein to conclude the conciliation proceedings in the industrial dispute raised by the petitioner union dated 19.07.2016 bearing reference no.NA.KA.No.Aa/507/2016 in accordance with Section 12(6) the Industrial Disputes Act, 1947 and forward the report to the 1st  respondent  government and consequently direct the 1st respondent to pass orders under Section 10 of the Industrial Disputes Act with regard to the reference of the industrial dispute, in the event of conciliation proceedings ending in failure, expeditiously within such time as this Hon'ble Court  may deem fit.

		For Petitioner     :  Mr.K.Sudalaikannu
		For Respondents:   Mr.A.Raghu      for R 1 & R 2
                                             Government Advocate

                                             No Appearance  for R 3
		                

O R D E R

The relief sought for in this writ petition is for a direction to direct the 2nd respondent to conclude the Conciliation Proceedings in the industrial dispute raised by the petitioner union dated 19.07.2016 bearing reference no.NA.KA.No.Aa/507/2016 in accordance with Section 12(6) the Industrial Disputes Act, 1947.

2.The learned counsel for the petitioner states that the Conciliation proceedings initiated on 20.07.2016 is yet to be concluded. In view of the fact that the matter is pending for a long time, and Section 12(6) of the Industrial Disputes Act, 1947, also stipulates time limit for the conclusion of the Conciliation proceedings.

3.This Court is of an opinion that the Conciliation Officer has to conclude the Conciliation proceedings and submit his report within a reasonable period of time. The said exercise shall be done within twelve weeks from the date of receipt of a copy of this order.

4.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. 17.04.2018 7/8 KP Index: Yes Internet:Yes Speaking Order/Non-speaking Order To

1.The Government of Tamil Nadu, Rep.by its Secretary, Department of Labour and Employment, Fort. St.George, Chennai.

2.The Assistant Commissioner of Labour(Conciliation-1), (Conciliation-1) Sriperumbudur.

3.The Management of Katsushiro Matex India Pvt.Ltd., Plot No.A38 & 39, SIPCOT Industrial Growth Center, Oragadam, Kancheepuram District.

S.M.SUBRAMANIAM,. J.

KP W.P.No.No.28960 of 2017 17.04.2018 7/8

Unlock Advanced Research with PRISMAI

Madras High Court