Madras High Court
United Labour Federation vs The Government Of Tamil Nadu on 6 July, 2018
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.07.2018 CORAM : THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.29040 of 2017 United Labour Federation Regn 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 Employment Fort St. George, Chennai. 2.The Assistant Commissioner of Labour (Conciliation) Irungaattukottai, Sriperumbudur-602106. 3.The Management of Foxcon Technologies India Pvt. Ltd High Tech Special Economic Zone Sipcot, Suguvaar Chathiran Sriperumbudur - 602 106 Kancheepuram District. .. Respondents Prayer Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to conclude the conciliation proceedings in the industrial dispute raised by the petitioner union dated 13.12.2016 bearing reference no.Na.Ka.No.Aa/828/2016 in accordance with Section 12(6) of the Industrial Disputes Act, 1947 and forward the report to the first respondent government and consequently direct the first respondent to pass orders under Section 10 of the Industrial Disputes Act in reference with the industrial disputes, in the event of conciliation proceedings ending in failure, expeditiously within such time as this Hon'ble Court may stipulate. For Petitioner : M/s.M.Ezhilarasi For Respondent : M/s.A.Sri Jayanthi Special Govt. Pleader [For R1 & R2] R3-No appearance O R D E R
The relief sought for in this writ petition is for a direction to direct the second respondent herein to conclude the conciliation proceedings in the industrial dispute raised by the petitioner union dated 13.12.2016 bearing reference no.Na.Ka.No.Aa/828/2016 in accordance with Section 12(6) of the Industrial Disputes Act, 1947 and forward the report to the first respondent government and consequently direct the first respondent to pass orders under Section 10 of the Industrial Disputes Act.
2.The learned counsel appearing on behalf of the writ petitioner made a submission that the Conciliation Officer has already submitted a failure report on 03.10.2017. Thus, the report forwarded to the first respondent has to consider on merits and the first respondent has to take a decision and pass order with reference to Section 10 of the Industrial Disputes Act.
3.Thus, the first respondent is directed to consider the failure report submitted by the Conciliation Officer and other documents available on record and pass orders on merits and in accordance with law, within a period of twelve(12) weeks from the date of receipt of a copy of this order.
4.Accordingly, this writ petition stands disposed of. However, there is no order as to costs.
06.07.2018 maya Index : Yes Internet : Yes Speaking order To
1.The Secretary Department of Labour Employment Fort St. George, Chennai.
2.The Assistant Commissioner of Labour (Conciliation) Irungaattukottai, Sriperumbudur-602106.
S.M.SUBRAMANIAM.J, maya
3.The Management of Foxcon Technologies India Pvt. Ltd High Tech Special Economic Zone Sipcot, Suguvaar Chathiran Sriperumbudur - 602 106 Kancheepuram District.
W.P. No.29040 of 2017Dated : 06.07.2018