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Madras High Court

United Labour Federation vs The Secretary To Government on 29 June, 2016

Author: N.Kirubakaran

Bench: N.Kirubakaran

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2016

CORAM

THE HON'BLE MR. JUSTICE N.KIRUBAKARAN

W.P.No.18595 of 2016

United Labour Federation
rep.by its President
No.28/55, Thambu Chetty Street
Chennai 600 001.							.. Petitioner
						vs

1.	The Secretary to Government
	Industries Department
	Fort St.George
	Chennai 600 009.

2.	The Joint Director of Industrial
	Safety and Health
	58, Syrian Church Road
	Near Corporation Kalyanamandapam
	Coimbatore 641 001.

3.	The Deputy Commissioner of Labour
	Office of the Deputy Commissioner of
	Labour, Dr.Balasundaram Road
	Behind RTO Office
	Coimbatore 641 018.

4.	The Assistant Commissioner of Labour
	(Conciliation 3)
	Office of the Assistant Commissioner of
	Labour, Dr.Balasundaram Road
	Behind RTO Office
	Coimbatore 641 018.

5.	Steer Engineering (P) Limited
	rep.by the Chairman
	2/85/3, SF No.112
	Annur Road, Arasur Post
	Coimbatore 641 407.					.. Respondents

	Petition filed under Article 226 of the Constitution of India, praying this Court for the issuance of a writ of mandamus to direct the respondents 1 to 4 to take legal action as per law against the fifth respondent relating to the patent illegal violations by the first respondent, by declaring partial lock out and paying only the salary for the number of days worked by considering the representation of the petitioner Union dated 04.03.2016.

		For Petitioner        	     ...  Mr.K.V.Ananthakrishnan

		For Respondents	     ...  Mr.V.Jayaprakash Narayanan
						 Special Government Pleader
						 for RR1 to 4
						 Mr.S.Ravindran for R5		


					ORDER

The petitioner-Union has approached this Court seeking a direction to the respondents 1 to 4 to take legal action against the fifth respondent for declaring partial lock out and paying only the salary for the number of days worked, by considering their representation dated 04.03.2016.

2. Heard Mr.K.V.Ananthakrishnan, learned counsel appearing for the petitioner; Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing on behalf of respondents 1 to 4 and Mr.S.Ravindran, learned counsel appearing for fifth respondent.

3. A perusal of the record would show that the petitioner-Union had already approached the Conciliation Officer on 14.03.2016, viz., the fourth respondent herein, wherein the issue regarding declaration of partial lock out and paying the salary for the number of days worked, has been raised; however, while the matter is pending before the Conciliation Officer, the petitioner-Union by giving a representation dated 04.03.2016 has filed the present writ petition before this Court on 29.04.2016, raising the very same subject matter, which was raised before the Conciliation Officer by couching the prayer in such a manner to direct the respondents 1 to 4 to take legal action as per law against the fifth respondent herein.

4. In view of the fact that the issue raised in this writ petition is already pending consideration before the fourth respondent, the mandamus sought for by the petitioner cannot be granted. Accordingly, this writ petition is dismissed. No costs.

29.06.2016 vj2 Index: Yes/No Internet: Yes To

1. The Secretary to Government Industries Department Fort St.George Chennai 600 009.

2. The Joint Director of Industrial Safety and Health 58, Syrian Church Road Near Corporation Kalyanamandapam Coimbatore 641 001.

N.KIRUBAKARAN,J., vj2

3. The Deputy Commissioner of Labour Office of the Deputy Commissioner of Labour, Dr.Balasundaram Road Behind RTO Office Coimbatore 641 018.

4. The Assistant Commissioner of Labour (Conciliation 3) Office of the Assistant Commissioner of Labour, Dr.Balasundaram Road Behind RTO Office Coimbatore 641 018.

29.06.2016