Madras High Court
Central Organization Of Tamil Nadu vs Government Of Tamil Nadu on 29 April, 2016
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.04.2016 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.34524 of 2014 & M.P.No.1 of 2014 and W.P.No.5538 of 2015 & M.P.No.1 of 2015 & W.M.P.No.8041 of 2016 W.P.No.34524 of 2014 Central Organization of Tamil Nadu, Electricity Employees Union, North Chennai Thermal Power Station Branch Unit, represented by its Secretary, BTR Ninaivagam Athipattu Pudunagar, Chennai-120. ... Petitioner -vs- 1.Government of Tamil Nadu, Rep.by its Secretary, Labour and Employment Department, Fort St.George, Chennai-600 009. 2.The Assistant Commissioner of Labour (Conciliation 2), Kuralagam, Chennai-600 108. 3.NTPC, Tamil Nadu Energy Company Limited, Rep. by its Chief Executive Officer, Vallur Thermal Power Station, Velliveyal Chavadi, Chennai-600 103. 4.The General Manager, NTPC, Tamil Nadu Energy Company Limited, Vallur Thermal Power Station, Velliveyal Chavadi, Chennai-600 103. 5.M/s.Utility Powertech Limited, Vallur Thermal Power Station, NTPC Tamil Nadu Energy Company Limited, Vallur, Velliveyal Chavadi, Chennai-600 103. .. Respondents W.P.No.5538 of 2015 Tamil Nadu General Workers Union, Hindustan Petroleum Corporation Employees Branch, Reg.No.289/CPT/1975, Rep. by its General Secretary, 2/1, Kovoor Vaidyanathan Street, Chintadripet, Chennai-600 002. .. Petitioner -vs- 1.Union of India, Rep. by its Secretary, Labour and Employment Department, Sharam Shakti Bhawan, Rafi Marg, New Delhi - 110 001. 2.The Assistant Labour Commissioner (Central) 2, Sastri Bhavan, No.4, Haddows Road, Chennai-600 006. 3.The Management, Hindustan Petroleum Corporation Limited, Athipattu Pudhu Nagar, Chennai-600 120. 4.M/s.Taste Budz, No.22, Bharathiyar Street, Mehata Nagar, Chennai-600 029. 5.S.Selvarajan, No.100, Velayutham Street, Tondiarpet, Chennai-600 081. 6.M/s.Sri Lakshmi Electricals, No.1044, TH Road, Kaladipet, Chennai-600 019. 7.M/s.Naveen Security Services, No.347l, VKS Lakshmi Nagar, Pondy Road, Villupuram - 605 602. 8.M/s.Green Tech, No.111, Nedunchezhiyan Salai, Manali, Chennai-600 068. 9.M/s.Vital Technical Services, 46B/60, Amir John Street, Chollaimedu, Chennai-600 094. .. Respondents Prayer in W.P.No.34524 of 2014 : Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents 3 and 4 and their contractors and agents including the fifth respondent to maintain the status quo as on 06.11.2014 and not to alter the conditions of service of the workmen concerned in this case to their detriment in any manner till the dispute raised by the petitioner Union demanding permanency and equal pay to them, is either settled pursuant to the concliation proceedings already initaited by the seconed respondent or adjudicated by the Competent Labour Court / Tribunal, Award costs. Prayer in W.P.No. 5538 of 2015 : Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to forbear the third respondent from altering the service conditions of the members of the petitioner Union whose names are given in the Annexure to the affidavit filed in support of the Writ Petition in any manner including discontunance of service or failing to provide employment in any manner without getting permission under Section 33 of the Industrial Disputes Act, 1947,in the Industrial Disputes raised by the petitioner Union which is pending Conciliation before the second respondent as dispute No.M.8(26)/2014-B4 regarding charter of demand dated 26.08.2014 and additional charter of demand with additional pleadings dated 07.10.2014 and further direct the second respondent to concliliate and effect settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act and in turn direct the first respondent to refer the dispute for adjudication before the Competent Industrial Adjudicator. For petitioner in W.P.34524 of 2014 : Mr.V.Ajoy Khose For petitioner in W.P.No.5538 of 2015 : Mr.Balan Haridas For 1st and 2nd respondents in W.P.No.34524 of 2014 : Mr.R.Rajeswaran, Special Government Pleader For 1st and 2nd respondents in W.P.No.5538 of 2015 : Mr.T.L.Thirumalaisami CGSC For 3rd and 4th respondents in W.P.No.34524 of 2014 & For 3rd respondent in W.P.No.5538 of 2015 : Mr.M.Vijiyan For M/s.King & Partridge **** C O M M O N O R D E R
Heard Mr.V.Ajoy Khose, learned counsel appearing for the petitioner in W.P.No.34524 of 2014 and Mr.Balan Haridas, learned counsel appearing for the petitioner in W.P.No.5538 of 2015; Mr.R.Rajeswaran, learned Special Government Pleader, accepting notice on behalf of respondents 1 and 2 in W.P.No.34524 of 2014 and Mr.T.L.Thirumalaisami, learned Central Government Standing Counsel, accepting notice, on behalf of respondents 1 and 2 in W.P.No.5538 of 2015; Mr.M.Vijiyan, learned counsel, representing M/s.King & Partridge, accepting notice, on behalf of respondents 3 and 4 in W.P.No.34524 of 2014 and third respondent in W.P.No.5538 of 2015. With the consent of the learned counsel on either side, the abvoe Writ Petitions are taken up for final disposal.
2. In W.P.No.34524 of 2014, the petitioner / Union has prayed for issuance of a Writ of Mandamus, to direct the respondents 3 and 4 and their contractors and agents including the fifth respondent to maintain the status quo as on 06.11.2014 and not to alter the conditions of service of the workmen concerned in this case to their detriment in any manner till the dispute raised by the petitioner Union demanding permanency and equal pay to them, is either settled pursuant to the concliation proceedings already initaited by the seconed respondent or adjudicated by the Competent Labour Court / Tribunal, Award costs.
3. In W.P.No. 5538 of 2015, the petitioner / Union has prayed for issuance of a Writ of Mandamus, to forbear the third respondent from altering the service conditions of the members of the petitioner Union whose names are given in the Annexure to the affidavit filed in support of the Writ Petition in any manner including discontunance of service or failing to provide employment in any manner without getting permission under Section 33 of the Industrial Disputes Act, 1947, in the Industrial Disputes raised by the petitioner Union which is pending Conciliation before the second respondent as dispute No.M.8(26)/2014-B4 regarding charter of demand dated 26.08.2014 and additional charter of demand with additional pleadings dated 07.10.2014 and further direct the second respondent to concliliate and effect settlement and if no settlement is forthcoming to submit failure report under Section 12(4) of the Industrial Disputes Act and in turn direct the first respondent to refer the dispute for adjudication before the Competent Industrial Adjudicator.
4. The case of the petitioner in both the Writ petitions is that pending conciliation proceedings their service conditions should not be altered.
5. It is submitted by the learned counsels for the petitioners in both Writ Petitions as well as the learned counsel for the Management that the second respondent is actively involved in conciliation and it is proceeding on day-to-day basis.
6. In the light of the above facts and taking into consideration that interim orders of injunction restraining the respondents from altering the service conditions of the workmen concerned, were granted on 07.01.2015 in W.P.No.34524 of 2014 & on 03.03.2015 in W.P.No.5538 of 2015, respectivley, this Court is of the view that it would be inequitable to change the interim order after nearly one year, when the conciliation is being proceeded with by the second respondent.
7. Therefore, without expressing any opinion on the merits of the contentions raised by the petitioners-Union in both the Writ Petitions or the defence raised by the respondent Management, there will be a direction to the second respondent in both the Writ Petitions to proceed with the conciliation and endeavour to bring about a workable solution, within a period of three months from the date of receipt of a copy of this order, failing which, submit a report of conclusion to the appropriate Authority/Government within a period of four weeks from the date on which the conciliation is concluded. Till such report is filed, the status quo with regard to the service conditions of the employees concerned, which was prevailing as on date when the interim orders were granted viz. dated 07.01.2015 (W.P.No.34524 of 2014) & dated 03.03.2015 (W.P.No.5538 of 2015), shall continue.
Accordingly, Writ Petitions are disposed of on the above terms. No costs. Consequently, the connected miscellaneous petitions are closed.
29.04.2016
Index : Yes/No
Internet : Yes / No.
r p a
T.S.SIVAGNANAM,J.
rpa
To
1.The Secretary,
Government of Tamil Nadu,
Labour and Employment Department,
Fort St.George,
Chennai-600 009.
2.The Assistant Commissioner of Labour (Conciliation 2),
Kuralagam,
Chennai-600 108.
3.The Secretary,
Union of India,
Labour and Employment Department,
Sharam Shakti Bhawan,
Rafi Marg, New Delhi - 110 001.
4.The Assistant Labour Commissioner (Central) 2,
Sastri Bhavan,
No.4, Haddows Road, Chennai-600 006.
W.P.Nos.34524 of 2014 & M.P.No.1 of 2014 and
W.P.No.5538 of 2015 & M.P.No.1 of 2015 &
W.M.P.No.8041 of 2016
29.04.2016