Madras High Court
Malco Energy Limited vs The Presiding Officer on 16 February, 2015
Author: M.Duraiswamy
Bench: M.Duraiswamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.02.2015 CORAM THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.34255 of 2014 & M.P.Nos.1 and 2 of 2014 MALCO Energy Limited [Formerly known as Vendanta Aluminium Limited] Regd. Office : SIPCOT industrial Complex Madurai By-pass Road, TV Puram Post, Thoothukudi District 628 002 Tamil Nadu. .. Petitioner v. 1. The Presiding Officer, Labour Court, Salem. 2. Aluminium Thozhilalar Sangam (INTUC), Rep. By its President/Secretary, Malco, Mettur Dam 636 402 Salem District. 3. Mettur Malco and Analmin Nilayam, President/Secretary, General Workers Union, Malco, Mettur Dam 636 402. 4. Malco Workers Union (LPF), Rep. By its President/Secretary, Malco, Mettur dam 636 402. Salem District. 5. Sesa Sterlite Limited, Unit: MALCO Aluminium, Post Box No.4, Metur Dam R.S., Salem District 636 402 Tamil Nadu .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records of the first respondent comprised in the impugned order dated 13.11.32014 passed in I.A.412 of 2014 in I.D.139 of 2012, dated 13.11.2014 and quash the same in so far as impleadment of the petitioner in I.D. 139 of 2012 is concerned, as illegal, arbitrary and contrary to law For Petitioner : Mr.R.Parthasarathy For Respondent : Mr.K.M.Ramesh for R2 to R4 Mr.Arunkarthik Mohan for R5 ORDER
Challenging the order passed in I.A.No.412 of 2014 in I.D.No.139 of 2012 on the file of the Presiding Officer, Labour Court, Salem, the fourth respondent, who was impleaded in I.D. 139 of 2012, has filed the above writ petition.
2. The main contention raised in the writ petition was that the petitioner company is not a proper and necessary party for the industrial dispute pending before the Labour Court, Salem. According to the petitioner, the fifth respondent, viz., Sesa Sterlite Limited, is the successor-in-interest of Residual Business of the Aluminium Business of erstwhile The Madras Aluminium Company Limited'' (MALCO) under the Scheme of Amalgamation and Arrangement Scheme amongst Sesa Goa Limited (SGL), MALCO and other Vedanta Group companies as sanctioned by the Bombay High Court, Goa Bench and this court vide orders dated 03.04.2013 and 26.07.2013 whereby, erstwhile The Madras Aluminium Company Limited has been merged with Sesa Goa Limited with effect from 17.08.2013 and dissolved without being wound up. Further, it is submitted that the name of the ''Sesa Goa Limited'' has been changed to ''Sesa Sterlite Limited'' consequent to approval from the Registrar of Companies with effect from 18.09.2013.
3. Learned counsel appearing for the petitioner submitted that since the 5th respondent has become the successor-in-interest, only the 5th respondent is the proper and necessary party.
4. Countering the submission made by the learned counsel appearing for the petitioner, Mr.K.M.Ramesh, learned counsel appearing for the respondents 2 to 4, submitted that since the reference was made in respect of MALCO, the petitioner is the proper and necessary party.
5. On a perusal of the Scheme of Amalgamation and also the order passed by this court in C.P.Nos.164 to 167 of 2012, this court had approved the Scheme of Amalgamation and the fifth respondent has become the successor-in-interest of the Residual Aluminium Business of erstwhile MALCO since 17.08.2013. Accordingly, all rights and corresponding obligations, liabilities of the Residual Aluminium Business of erstwhile MALCO, has been vested with Sesa Sterlite Limited. The Madras Aluminium Company Limited has been merged with Sesa Goa Limited pursuant to the scheme of Amalgamation and the Madras Aluminium Company Limited was dissolved without being wound up and is non existent entity and accordingly, erstwhile The Madras Aluminium Company Limited ought to have been substituted by Sesa Sterlite Limited as the respondent, being the successor-in-interest.
6. The Labour Court, without considering the Company Petitions for Amalgamation, impleaded both the petitioner as well as the fifth respondent in the industrial dispute. The impleading of the petitioner is unnecessary, since it is not proper and necessary party for the proper adjudication of the industrial dispute. The fifth respondent viz., Sesa Sterlite Limited is the proper and necessary party in view of the Scheme of Amalgamation and pursuant to the orders of this court in the Company Petitions. Therefore, the impleading of the petitioner in the industrial dispute in I.D.No.139 of 2012 is unnecessary and that the same is liable to be set aside. Accordingly the same is set aside. The fifth respondent shall be substituted in the place of The Madras Aluminium Company Limited. Since the industrial dispute is of the year 2012, the Labour Court, Salem is directed to dispose of the Industrial Dispute in I.D.No.139 of 2012, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
7. With these observations, the writ petition is allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
16.02.2015
Index : No
Internet : Yes
Rj
To
1. The Presiding Officer,
Labour Court, Salem.
2. The President/Secretary,
Aluminium Thozhilalar Sangam (INTUC),
Malco, Mettur Dam 636 402
Salem District.
3. The President/Secretary,
Mettur Malco and Analmin Nilayam,
General Workers Union,
Malco, Mettur Dam 636 402.
4. The President/Secretary,
Malco Workers Union (LPF),
Malco, Mettur dam 636 402.
Salem District.
5. Sesa Sterlite Limited,
Unit: MALCO Aluminium,
Post Box No.4, Metur Dam R.S.,
Salem District 636 402
Tamil Nadu
M.DURAISWAMY, J
rj
W.P.No.34255 of 2014 &
M.P.Nos.1 and 2 of 2014
16.02.2015