✦ High Court of India · 05 Nov 2024

High Court · 2024

Case Details High Court of India · 05 Nov 2024

Court

High Court of India

Decided

05 Nov 2024

Bench

Not available

Length

1,011 words

Acts & Sections

Constitution of India Industrial Disputes Act 1947

W.P.No.28857 of 2004IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 05.11.2024 CORAMTHE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.28857 of 20041 Leather & Leather Goods Democratic Labour Union (regn.no.534/NAT) (affiliated To AICCTU) Rep. By Its President, 1185, Cutchery Road, Vaniyambadi – 635 751.2 North Arcot Ambedkar District Anna Tannery & Shoe Workers Union (regn.no.664/NAT) (affiliated To Anna Thozhirasanga Peravai (ATF) rep By Its General Secretary 1170, Cutchery Road, Vaniyambadi 635 751.3 National General Workers Union (regn. No. 581/NAT) Affiliated To I.N.T.U.C. Rep By Its President 1056 C.N.A Road Konamedu, Vaniyambadi – 635 753.4 North Arcot District Tannery and Shoe Workers Union (regn. No.677/NAT) (Affiliated To INTUC) 21 M.C Road ambur - 635 802.5 Vellore District Tannery &leather Goods Manufacturing Workers Union Regn. No.2593 (affiliated To C.I.T.U) rep By its President 1/8 https://www.mhc.tn.gov.in/judis W.P.No.28857 of 2004 Cutcherry Road, Vaniambadi.6 Tamil Nadu Leather & Leather Goods General Workers Union Regn.no.629/NAT Rep by Its Secretary Cutcherry Road, Vaniyambadi.Vs1.The Government of Tamil Nadu Rep by its Secretary to Government, Labour and Employment Department, Fort St.George, Chennai – 600 009.2.The Commissioner of Labour Labour Welfare Building D.M.S. Compound, Chennai – 600 006.3.A.Ramalingam Joint Commissioner of Labour, Labour Welfare Building D.M.S. Compound, Chennai – 600 006.4.The Ambur Tanners Association Ambur, Vellore District.5.The Vaniyambadi Tanners Association, Vaniyambadi, Vellore District.6.Tanners Association Pernampet, Vellore District.7.South India Tannery and Merchants Association Ranipet, Vellore District.8.North Arcot District Tannery Workers Association Regn.No.1287, Pernampet Branch,2/8 https://www.mhc.tn.gov.in/judis W.P.No.28857 of 2004 Rep. by its President Mr.A.P.Muthu, Pernampet, Vellore District.9.Tannery, Shoe and Glue and General Employees Union, Regn.No.816/NDT, Rep by its President Mr.T.Daniel, Pernampet, Vellore District.10.Tannery and Leather Goods Thozhilalar Sangam, Regn.No.655/NAT, Rep by its Dist. General, Secretary Mr.S.R.Devadoss, Ambur, Vellore District.11.Ambur Tannery and Leather Goods, Manufacturing Workers Union, Regn.No.703/VAR, Rep by its Secretary Mr.R.Jayaraman, Ambur, Vellore District.12.N.A.A.Mavatta Azad Tannery Shoe and Leather Goods Workers Union, Regn.No.922/NAT, Rep by its Secretary Mr.P.A.Suban, Ambur, Vellore District.13.Vellore District Tannery and Shoe National Workers Union, Regn.No.987/VLR, Rep by its President Mr.C.Dhanasingh, Ambur, Vellore District.14.Tannery, Shoe and National General Workers Union, Regn.No.976, Rep by its General Secretary Mr.Chinnasamy, Ambur, Vellore District.15.North Arcot Mavatta General Tannery and Shoe Workers Union, Regn.No.626/NAT, Rep.by its Secretary Mr.M.A.Dhandapani3/8 https://www.mhc.tn.gov.in/judis W.P.No.28857 of 2004 Ambur, Vellore District.16.North Arcot District Tannery, Shoe, Beedi Workers Union, Regn.No.463, Rep by its Secretary Mr.P.Selvaraj, Ambur, Vellore District.17.National Rajiv Gandhi Tannery and Shoe General Workers Union, Regn.No.784/MDS, Rep.by its President Mr.M.Saminathan Ambur, Vellore District.18.Tamil Nadu Congress Workers Union Vellore West District, Regn.No.2507/96/MDS Rep.by its President Mr.A.Krishnan, Ambur, Vellore District.19.Vellore Ambedkar District Anna Tannery, Shoe and Beedi Workers Union, Regn.No.1044/VLR Rep.by its Secretary D.Rajmohan, Ambur, Vellore District.20.National Tannery and Shoe Workers Union, Regn.No.477/NAT, Rep by its General Secretary Mr.K.S.A.Rasheed, Ambur, Vellore District.21.India National Tannery, Shoe Workers Union, Regn.No.595/NAT, Rep.by its President Mr.K.Munusamy, Ambur, Vellore District.22.North Arcot District Leather and Leather Goods Workers Union, Regn.No.673/MDS Rep.by its General Secretary Mr.R.Panneer Selvam, Vaniyambadi, Vellore District.23.Forward National Leather and Leathers General4/8 https://www.mhc.tn.gov.in/judis W.P.No.28857 of 2004 Workers Union, Regn.No.744/NAT, Rep.by its General Secretary Mr.G.Mani, Vaniyambadi, Vellore District.24.Ambedkar Workers Federation Tamil Nadu, Leather Workers Union, Regn.No.95/2002, Rep.by its General Secretary Mr.M.Prathaban Vaniyambadi, Vellore District.25.Vellore District Leather, Leather Goods Workers Munnetra Sangam, Regn.No.962/VAR, Rep.by its General Secretary Mr.S.Gopal, Gudiyattam, Vellore District.26.North Arcot District Tannery Workers Union, Ranipet Branch, Regn.No.1287, Rep by Its President Mr.C.Govindaraj, Ranipet, Vellore District.27.Ranipet Tannery Thozhilalar Anna Thozhirsangam, Regn.No.750/NAT, Rep.by its Secretary Mr.M.Moorthy, Ranipet, Vellore District.28.Ranipet Taluk Tannery, Leather Goods Workers Union, Regn.No.548/NAT, Rep.by its Secretary Mr.A.Arumugam, Ranipet, Vellore District.PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue any appropriate Writs, Order or Direction more particularly a Writ in the nature of a Writ of Certiorarified Mandamus to call for the records relating to the impugned settlement dated 05.08.2004 arrived at under Section 12 (3) of the Industrial Disputes Act, 1947 before the 3rd respondent and quash the same and to direct the respondents 2 and 3 to hold fresh conciliation proceedings in respect of 5/8 https://www.mhc.tn.gov.in/judis W.P.No.28857 of 2004bonus for Tannery workers of Tamil Nadu with the petitioner Unions.For Petitioner: Mr.K.M.Ramesh Mr.A.GunaseelanFor Respondents: Mr.K.Tamilvendan (R1 and R2) Government Advocate Mr.P.Ranganathan (For R4, 5 and 7)ORDERThe Writ Petition is filed challenging the common settlement arrived under Section 12 (3) of the Industrial Disputes Act, 1947 in respect of the members of the Tannery Association at Vellore district on 05.08.2024. 2.The learned counsel for the petitioner would seek further time to get instructions and argue the matter. It can be seen that the matter is pending from the year 2004 and even in the year 2024 the matter may came up for hearing thrice before my predecessor and therefore this is the fourth hearing in the year 2024. 3.A perusal of the 12 (3) settlement, it can be seen that the settlement relates to payment of bonus for the calender year 2002-2003 etc., where it was agreed to 6/8 https://www.mhc.tn.gov.in/judis W.P.No.28857 of 2004pay 20 percent bonus and the manner in which the bonus have to be calculated, it should be paid ten days before, etc., were agreed between the management and the workmen. Therefore, certainly the said 12 (3) settlement would have also been superseded by subsequent agreements and on account of the shear efflux of time of 20 years from the date of 12 (3) settlement, I am of the view that nothing at present survives to be adjudicated in the present Writ Petition. Further, I am of the view that at the relevant point of time the petitioner Association sought to approach the appropriate forum and ought not to have filed the present Writ Petition challenging the settlement arrived at 12 (3) Industrial Disputes Act, 1947. In any event, since the matter has became stale and infructuous, this Writ Petition is dismissed as nothing remains further to be adjudicated in the matter. No costs.05.11.2024epNeutral citation : Yes/NoD.BHARATHA CHAKRAVARTHY, J.,ep7/8 https://www.mhc.tn.gov.in/judis W.P.No.28857 of 2004To1.The Government of Tamil Nadu Rep by its Secretary to Government, Labour and Employment Department, Fort St.George, Chennai – 600 009.2.The Commissioner of Labour Labour Welfare Building D.M.S. Compound, Chennai – 600 006.3.A.Ramalingam Joint Commissioner of Labour, Labour Welfare Building D.M.S. Compound, Chennai – 600 006.W.P.No.28857 of 2004 05.11.20248/8

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