Madras High Court
Strides Pharma Science Limitd vs The Commissioner Of Labour on 20 July, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.20095 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.20095 of 2021
Strides Pharma Science Limitd
Rep. By its Deputy Manager -HR S.Saravanan
Formulation Division,
R.S.No.31, 32 & 33,
PIMS Road, Periyakalpet,
Puducherry-605 014. .. Petitioner
vs.
1.The Commissioner of Labour,
Puducherry.
2.Illanthalaivar Raghul Gandhi Puducherry,
Shasun Thozhilalargal Uzhiyargal Nala Sangam,
(Reg.No.1726/RTU/2009)
No.55, UCO Bank Street,
Periyakalpet, Puducherry-605 014.
3.Shasun Formulation All Employees Welfare Union,
(Reg.No.1734/RTU/2013),
No.26B, Throwpathi Amman Koil Street,
Pillachavadi, Puducherry-650 014. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the first respondent to
hold election process and declare recognized Union in terms of the Code of
Discipline.
https://www.mhc.tn.gov.in/judis
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W.P.No.20095 of 2021
For Petitioner : Mr.S.Ravindarn, Senior Counsel
for M/s.S.Bazeer Ahamed
For Respondents : Mr.G.Djearany,
Government Advocate (Puducherry)
for R1
Mrs.R.Veeramani for R3
ORDER
The Writ Petition has been filed for a Mandamus directing the first respondent to hold election process and declare recognized Union in terms of the Code of Discipline.
2.. The learned Senior Counsel for the petitioner has relied upon the earlier order passed in W.P.Nos.32360, 35540 & 39167 of 2016 dated 19.01.2017, wherein this Court has directed the Commissioner of Labour, Puducherry, to hold election to decide the status of recognized Union among the respondents Union therein and therefore, on the similar lines, seeks for similar orders in the present writ petition, following the code of discipline.
3. The learned Government Advocate (Puducherry) has drawn the attention of this Court to the counter affidavit filed by the first respondent wherein it has been stated that recognition of Trade Union is a process https://www.mhc.tn.gov.in/judis 2 W.P.No.20095 of 2021 through which the employer accepts a particular Trade Union as having a representative character and will be willing to engage in discussions with the said Union in respect of matters connected with the interest of the workers and the second respondent Sangam represent more than 90% of the total workers and as such, it could be construed that the Management themselves have identified the majority Union and instead of recognizing them as such, the Management is approaching the Labour Department for holding election in the petitioner Establishment by declaring recognized Union, which delays the process and therefore, prays for dismissal of the writ petition.
4. The learned counsel for the third respondent Union has stated that there is no provision under the Act by directing the first respondent to hold the elections as prayed for by the petitioner and further stated that the Management has to recognize the Union based on the Code of Discipline and therefore, nothing warrants this Court to direct the first respondent to hold elections unless there is a dispute between the Unions and therefore, the prayer sought for by the petitioner is not maintainable to decide under Article 226 of the Constitution of India.
https://www.mhc.tn.gov.in/judis 3 W.P.No.20095 of 2021 D.KRISHNAKUMAR, J.
Jvm
5. Recording the above submission of the learned counsel for the third respondent, the Writ Petition stands disposed of. No costs.
20.07.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
The Commissioner of Labour,
Puducherry.
W.P.No.20095 of 2021
20.07.2022
https://www.mhc.tn.gov.in/judis
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