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[Cites 2, Cited by 0]

Madras High Court

M/S. Tanfac Industries Ltd vs The Commissioner Of Labour on 30 March, 2022

Author: P.D. Audikesavalu

Bench: P.D. Audikesavalu

                                                                         W.P. No. 11097 of 2018

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 30.03.2022

                                                      CORAM

                                  THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

                                                W.P. No. 11097 of 2018

                M/s. TANFAC Industries Ltd.,
                (A Joint Sector Company with TIDCO)
                Represented by its President and Unit Head
                14, SIPCOT Industrial Complex,
                Cuddalore 607 005.                                            … Petitioner

                                                         -vs-
                1. The Commissioner of Labour,
                   DMS Compound,
                   Teynampet,
                   Chennai 600 006.

                2. The Assistant Commissioner of Labour,
                   Behind District Employment Office,
                   Nellikuppam Road,
                   Cuddalore 607 001.

                3. The District Collector,
                   District Collector Office,
                   Gundu Salai Road,
                   Cuddalore 607 001.

                4. The Superintendent of Police,
                   No. 18, New Street,
                   Meenakshi Nagar,
                   Pudukuppam,
                   Cuddalore 607 001.

                5. The Deputy Superintendent of Police,
                   45.A, Behind Cuddalore NT Police Station,
                   Bharathi Road,
                   Cuddalore 607 001.
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                                                                                    W.P. No. 11097 of 2018



                6. The Inspector of Police,
                   Cuddalore Old Town.

                7. TANFAC Nirvaga Paniyalargl
                     Valvurimai Sangam,
                   Represented by Secretary,
                   No. 14, Murugesan Nagar,
                   Kannarapettai,
                   Cuddalore 5.                                                       ... Respondents

                Prayer:- Writ Petitions filed under Article 226 of the Constitution of India,
                1950, praying to issue a Writ of Mandamus, directing the First and Second
                Respondents to consider the representations of the Petitioner dated 13.04.2018
                and 21.04.2018, advise the Seventh Respondent Trade Union, the union and its
                members to ensure that they do not resort to any direct or indirect action
                including any violent activities inside or outside the factory which would
                damage the property or men and materials of the Petitioner factory.

                                  For Petitioner   : Mr. Anand Gopalan
                                                     for M/s. T.S.Gopalan and Co.

                                  For Respondents : Mrs. C.Sangamithirai
                                                    Special Government Pleader (For R1 to R6)
                                                    No appearance (For R7)

                                                      ORDER

Heard Mr. Anand Gopalan, Learned Counsel for the Petitioner and Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the First to Sixth Respondents and perused the materials placed on record, apart from the pleadings of the parties. https://www.mhc.tn.gov.in/judis 2/5 W.P. No. 11097 of 2018

2. The grievance ventilated by the Petitioner in this Writ Petition is that the members of the Seventh Respondent have indulged in violent activity damaging the property of the Petitioner and despite representations dated 30.04.2018 and 21.04.2018 made in that regard, no action had been taken in the matter then.

3. It is represented by Learned Counsel for the Petitioner now that by efflux of time, no further orders are required in the Writ Petition and the Petitioner may be permitted to withdraw the same reserving the rights of the Petitioner to seek action against the Seventh Respondent and its members if they involve in any unlawful activity in future and their past conduct may also be cited, if necessary, in that regard. He has also made an endorsement to that effect in the court record.

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

30.03.2022 gd Index: Yes/No Note: Issue order copy by 09.05.2022 https://www.mhc.tn.gov.in/judis 3/5 W.P. No. 11097 of 2018 To

1. The Commissioner of Labour, DMS Compound, Teynampet, Chennai 600 006.

2. The Assistant Commissioner of Labour, Behind District Employment Office, Nellikuppam Road, Cuddalore 607 001.

3. The District Collector, District Collector Office, Gundu Salai Road, Cuddalore 607 001.

4. The Superintendent of Police, No. 18, New Street, Meenakshi Nagar, Pudukuppam, Cuddalore 607 001.

5. The Deputy Superintendent of Police,

45.A, Behind Cuddalore NT Police Station, Bharathi Road, Cuddalore 607 001.

6. The Inspector of Police, Cuddalore Old Town.

7. TANFAC Nirvaga Paniyalargl Valvurimai Sangam, Represented by Secretary, No. 14, Murugesan Nagar, Kannarapettai, Cuddalore 5.

https://www.mhc.tn.gov.in/judis 4/5 W.P. No. 11097 of 2018 P.D. AUDIKESAVALU, J.

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