Madras High Court
Pandian Chemicals vs The Secretary To The Government on 16 November, 2023
Author: R. Hemalatha
Bench: R. Hemalatha
W.P.No.10175 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
W.P.No.10175 of 2021
Pandian Chemicals,
Naam Thamizar Thozilalar Thozirsangam,
Reg. No.319 CDR,
No.15, Pudu Nagar,
Selangkuppam,
Cuddalore - 607 003.
Rep. by its President ... Petitioner
Vs.
1. The Secretary to the Government,
Labour Department,
Government of Tamilnadu.
2. The Labour Officer Conciliation,
Assistant Commissioner of Labour,
Cuddalore District,
Tamilnadu.
3. The Management,
Pandian Chemicals Ltd.,
SIPCOT, Cuddalore - 607 005. ...
Respondents
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.10175 of 2021
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
seeking a Writ of Mandamus, directing the 2nd respondent to submit
failure report on the Industrial Dispute between the petitioner and the 3rd
respondent, with regard to non payment of Dearness Allowance, variable
Dearness Allowance and suspension of the petitioner union President
Suganesan and illegal transfer of the office bearers of the petitioner Union
1) Ganesh Pandian 2) Vijay 3) Jagajeevanraj 4) Vignesh, and on receipt
of such a report direct the 1st respondent to refer the said dispute before
the concerned Court for adjudication, within a stipulated period.
For Petitioner : Mr.P.R.Thiruneelakandan
For Respondents
For R1 and R2 : Mr.D.Gopal,
Government Advocate
For R3 : Mr.J.Prakasam for
Mr.M.N.Ramkumar
ORDER
When the matter is taken up for hearing, Mr.D.Gopal, learned Government Advocate appearing for the respondents 1 and 2 contended that as regards the payment of Dearness Allowance, variable Dearness Allowance, the Government has passed an order in G.O(D).No.523, Labour Welfare and Skill Development Department (B2) Department, Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.10175 of 2021 dated 20.11.2021 stating that there is no necessity to refer this issue before any Authority for adjudication.
2. As far as the suspension and order of transfer of Suganesan, Vijay and Jagajeevanram are concerned, the Government had already referred the dispute to the Labour Court, Cuddalore vide G.O(D).No.28, Labour Welfare and Skill Development Department (B2) Department, dated 22.01.2021 and G.O(D).No.522, Labour Welfare and Skill Development Department (B2) Department, dated 20.11.2021.
3. The respondents 1 and 2 have not raised any objection with regard to the transfer of Ganesh Pandian and Vignesh as they had given an undertaking that they are ready to work in the transferred place. Hence, nothing survives for further adjudication in the matter. However, the learned counsel for the petitioner sought liberty to challenge G.O(D).No.523, Labour Welfare and Skill Development (B2) Department, dated 20.11.2021.
Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.10175 of 2021
4. In view of the above, the Writ Petition is dismissed. However, it is open to the petitioner to challenge the Government Order in G.O(D).No.523, Labour Welfare and Skill Development Department (B2) Department, dated 20.11.2021 in the manner known to law. No costs.
16.11.2023 Index: Yes/No Speaking/Non-Speaking order vum To
1. The Secretary to the Government, Labour Department, Government of Tamilnadu.
2. The Labour Officer Conciliation, Assistant Commissioner of Labour, Cuddalore District, Tamilnadu.
R. HEMALATHA, J.
Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.10175 of 2021 vum W.P.No.10175 of 2021 16.11.2023 Page 5 of 5 https://www.mhc.tn.gov.in/judis