Madras High Court
M/S.Shasun Anna Paniyalar Sangam vs Assistant Commissioner Of Labour on 18 January, 2021
Author: M.Govindaraj
Bench: M.Govindaraj
W.P.No.7393 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2021
CORAM :
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.7393 of 2020
and
W.M.P.No.8844 of 2020
M/s.Shasun Anna Paniyalar Sangam,
Reg No.2940 CNI / 163 / CDR,
Rep.by its Secretary Mr.G.Subramanian,
Kudikaadu, SIPCOT,
Cuddalore – 607 005. ... Petitioner
Vs.
1.Assistant Commissioner of Labour,
Dheepan Nagar, 1st Street,
Semmandalam, Cuddalore – 607 001.
2.Solara Active Pharma Science Ltd.,
Formerly known as M/s Strides Shasun Limited,
Rep.by its General Manager,
Kudikaadu, SIPCOT, Cuddalore – 607 005.
3.M/s.Shasun Thozhilaalar Vazhvurimai Sangam,
Rep.by its President,
Kudikaadu, SIPCOT, Cuddalore – 607 005. ... Respondents
PRAYER: The Writ Petition has been filed under Section 226 of the
Constitution of India praying to grant Writ of Mandamus directing the 1 st
respondent to declare our sangam as recognized union to participate in
the negotiations or entering into any settlements with 2 nd respondent
https://www.mhc.tn.gov.in/judis/
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W.P.No.7393 of 2020
Management either under Section 13(1) or under Section 12(3) of
Industrial Disputes Act regarding wages and other conditions of service
along with the 3rd respondent.
For Petitioner : No appearance
For Respondents : Mr.V.Kadhirvelu
Special Government Pleader for R1
Mr.S.Ravindran, Standing Counsel
for M/s.S.Basheer Ahmed for R2
R3 – Not ready
ORDER
This writ petition has been filed seeking a writ of mandamus directing the first respondent to declare the petitioner Sangam as a recognized Union to participate in the negotiation or entering into any settlements with second respondent Management either under Section 13(1) or under Section 12(3) of Industrial Disputes Act along with the third respondent.
2. On a perusal of the report filed by the Assistant Commissioner of Labour as well as the affidavit filed on behalf of the first respondent, it is noted that pursuant to the direction issued by this Court in W.P.No.32360 of 2016 dated 19.01.2017, the first respondent https://www.mhc.tn.gov.in/judis/ 2/5 W.P.No.7393 of 2020 conducted election of the Trade Union. In the election, the third respondent had secured 155 votes and the petitioner Sangam had secured 119 votes. Therefore, the third respondent was declared as recognized Union to participate in the negotiation and enter an agreement with the Management. Now that the petitioner again has come up with the prayer to recognize themselves as recognized Union and direct the Management to permit them to participate in the negotiation along with the third respondent.
3.It is well settled that the recognition of Union is not statutory. The petitioner cannot claim such a relief as a matter of right. Bearing in mind, the maintenance of industrial peace and harmony is important for development of the Country, Courts occasionally give a direction to the Commissioner of Labour to conduct elections and declare and recognize Unions. Therefore, the petitioner does not have any Statutory Right to maintain the above writ petition.
4.However, it is noted that the election was held on 14.06.2017 and tenure of elected recognized Union came to an end by 14.06.2019. If at all, the petitioner is aggrieved, can pursue his remedy in the direction https://www.mhc.tn.gov.in/judis/ 3/5 W.P.No.7393 of 2020 of conducting fresh election and in such an event, the Commissioner of Labour, Labour Department, Government of Tamil Nadu, may take appropriate action.
5.Therefore, this petition does not merit any consideration and accordingly, writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
18.01.2021 Index: Yes/No Internet: Yes/No Speaking Order/ Non-Speaking Order Pns To
1.Assistant Commissioner of Labour, Dheepan Nagar, 1st Street, Semmandalam, Cuddalore – 607 001.
2.Solara Active Pharma Science Ltd., Formerly known as M/s Strides Shasun Limited, Rep.by its General Manager, Kudikaadu, SIPCOT, Cuddalore – 607 005.
3.M/s.Shasun Thozhilaalar Vazhvurimai Sangam, Rep.by its President, Kudikaadu, SIPCOT, Cuddalore – 607 005. https://www.mhc.tn.gov.in/judis/ 4/5 W.P.No.7393 of 2020 M.GOVINDARAJ, J.
Pns W.P.No.7393 of 2020 18.01.2021 https://www.mhc.tn.gov.in/judis/ 5/5