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Madras High Court

Malco General Worker'S Union vs State Of Tamilnadu on 4 December, 2024

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                              W.P.No. 28502 of 2008

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 04.12.2024

                                                       CORAM:

                     THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                                 W.P.No. 28502 of 2008

                     1. Malco General Worker's Union,
                        Registration No. 481 SLM,
                        Rep. by its Secretary,
                        13/1-257, Pudusampalli,
                        Mettur Dam - 636 403.

                     2. Aluminiam Thozhilalar Sangam,
                        (Registration No. S.L.M.256),
                        Rep. by its Secretary,
                        Malco, Mettur Dam- 2,
                        Salem District.                                             ... Petitioners

                                                          Vs
                     1. State of Tamilnadu
                        Rep. by its Secretary,
                        Ministry of Labour,
                        Fort St. George,
                        Chennai - 600 009.

                     2. The Madras Aluminium Company (Malco),
                        Rep. by its General Manager,
                        Mettur Dam- 2
                                                                                 ..... Respondents




                     Prayer: Writ Petition filed under Article 226 of Constitution of India for the

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No. 28502 of 2008

                     issuance of Writ of Mandamus, forbearing the respondents from laying off/
                     retrenching the workmen of the second respondent factory at Mettur-Dam
                     R.S. or close the said factory without complying with the provisions of the
                     chapter V B of the Industrial Disputes Act, 1947.


                                        For Petitioners        : Mr.K.M.Ramesh, Senior Counsel
                                                                 Assisted by Mr.V.Subramani

                                        For R1                 : Mr.K.Surendran
                                                                 Additional Government Pleader

                                        For R2                 : No appearance


                                                              ORDER

This writ petition is filed with a prayer forbearing the respondents from laying off/retrenching the workmen from the second respondent factory at Mettur Dam R.S. or close the said factory without complying with the provisions of the Chapter V B of the Industrial Disputes Act, 1947.

2. It can be seen from the nature of prayer itself with a sheer efflux of time, nothing would survive. Secondly, it is also represented by the learned counsel appearing on behalf of the petitioner that pending the writ petition, the members of the petitioner union involved in this case have also gone on voluntary retirement and as such, this writ petition is dismissed as having 2/4 https://www.mhc.tn.gov.in/judis W.P.No. 28502 of 2008 become infructuous. No costs.

04.12.2024 Neutral Citation: Yes/No nsl To The Secretary, Ministry of Labour, Fort St. George, Chennai - 600 009.

D.BHARATHA CHAKRAVARTHY, J.

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