✦ High Court of India · 03 Apr 2025

High Court · 2025

Case Details High Court of India · 03 Apr 2025
Court
High Court of India
Decided
03 Apr 2025
Length
1,000 words

W.P.Nos.14150 & 14155 of 2019 and 11428, 11431 & 11433 of 2020IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 03.04.2025CORAM :THE HONOURABLE MR. JUSTICE M. DHANDAPANIW.P.Nos.14150 & 14155 of 2019 and 11428, 11431 & 11433 of 2020andW.M.P.Nos.14210, 14212 & 14221 of 2019 and 13939 of 2020W.P.Nos.14150 & 14155 of 2019Inter Globe Aviation Ltd.,Level 3, Tower – C, Global Business Park,Mehruali Gurgaon Road, Gurgaon – 122 002, Haryana (India),Rep. by its Authorisd Signatory,Mr.Rahul Kumar... PetitionerVs.1.Regional Labour Commissioner (C), Chennai, Ministry of Labour and Employment, Government of India, No.26, III Block, 5th Floor, Shastri Bhawan, Haddows Road, Nungambakka, Chennai – 600 006.2.The Labour Enforcement Officer (Central)/RY, Chennai, Ministry of Labour and Employment, Government of India, No.26, III Block, 5th Floor, Shastri Bhawan, Haddows Road, Nungambakka, Chennai – 600 006.3.M/s.Krystal Aviation Services Pvt. Limited, Rep. Shri Amit Pawar, Director, 17, Krystal House, Dr. Manikar Road, Sion, Mumbai – 400 022.... RespondentsPage No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.14150 & 14155 of 2019 and 11428, 11431 & 11433 of 2020Prayer in W.P.No.14150 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records leading to Claim Application No.263 of 2019-No.M39/(MWA)/263/2019-B2 dated 16.04.2019 issued by the 1st respondent and quash the same.Prayer in W.P.No.14155 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Prohibition, prohibiting the 1st and 2nd respondents from proceeding with the petition dated 18.07.2018 filed by the 2nd respondent under Section 20(2) of the Minimum Wages Act, 1948 with the 1st respondent numbered as Claim Application 263 of 2019 or any other similar petition.W.P.Nos.14150 & 14155 of 2019For Petitioner:Mr.P.GiridharanFor Respondents:Mr.G.Baskaran [R1 & R2]Mr.Arun Karthik Mohan [R3]W.P.Nos.11428, 11431 & 11433 of 2020Inter Globe Aviation Ltd.,Level 3, Tower – C, Global Business Park,Mehruali Gurgaon Road, Gurgaon – 122 002, Haryana (India),Rep. by its Authorisd Signatory,Mr.Rahul Kumar... PetitionerVs.1.Union of India, Ministry of India & Employment, Rep. by its Secretary, Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001.Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.14150 & 14155 of 2019 and 11428, 11431 & 11433 of 20202.Deputy Director General, Directorate General of Employment, Ministry of Labour & Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001.3.Chief Labour Commissioner (Central), Office of the Chief Labour Commissioner, Ministry of Labour & Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001.4.Regional Labour Commissioner (C), Chennai, Ministry of Labour and Employment, Government of India, No.26, III Block, 5th Floor, Shastri Bhawan, Haddows Road, Nungambakka, Chennai – 600 006.... RespondentsPrayer in W.P.No.11428 of 2020 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare that the notification bearing S.O.192(E) dated 19.01.2017 issued by the 2nd respondent and all subsequent orders/circulars thereof, (in so far as inclusion of the words 'Loading and Unloading in Passenger Goods and Cargo carried out at Airports Both International and Domestic is concerned) as ultra vires, contrary and repugnant to the scheme and provisions of Section 2(b) of the Minimum Wages Act, 1948 and beyond the delegated powers given to the 2nd respondent.Prayer in W.P.No.11431 of 2020 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare that the notification issued vide F.No.1/13(7)/2017-LS II dated 17.03.2017 and Corrigendum dated 29.03.2017 by the 3rd respondent (in so far as inclusion of the words 'Loading and Unloading in Passenger Goods and Cargo carried out at Airports Both International and Domestic Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.14150 & 14155 of 2019 and 11428, 11431 & 11433 of 2020is concerned) as ultra vires, contrary and repugnant to the scheme and provisions of Section 2(b) of the Minimum Wages Act, 1948 and beyond the delegated powers given to the 2nd respondent.Prayer in W.P.No.11433 of 2020 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare that the order issued vide F.No.1/38(1)2018-LS II dated 28.09.2018 by the 3rd respondent (in so far as inclusion of the words 'Loading and Unloading in Passenger Goods and Cargo carried out at Airports Both International and Domestic is concerned) as ultra vires, contrary and repugnant to the scheme and provisions of Section 2(b) of the Minimum Wages Act, 1948 and beyond the delegated powers given to the 2nd respondent.W.P.Nos.11428, 11431 & 11433 of 2020For Petitioner:Mr.P.GiridharanFor Respondents:Mr.R.Rajesh VivekananthanDeputy Additional Solicitor General*****COMMON ORDERWhen these matters were taken up for hearing today, the learned counsel appearing for the petitioner sought permission of this Court to withdraw these Writ Petitions. An Endorsement to the said effect is also made by the learned counsel for the petitioner in the Petition.Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.14150 & 14155 of 2019 and 11428, 11431 & 11433 of 20202. In view of the submission of the learned counsel appearing for the petitioner, these Writ Petitions are dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are closed.03.04.2025Index : Yes / No (2/2)Speaking order / Non-speaking orderNeutral Citation Case : Yes / NospTo1.The Secretary, Union of India, Ministry of India & Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001.2.The Deputy Director General, Directorate General of Employment, Ministry of Labour & Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001.3.The Chief Labour Commissioner (Central), Office of the Chief Labour Commissioner, Ministry of Labour & Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001.Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.14150 & 14155 of 2019 and 11428, 11431 & 11433 of 2020M.DHANDAPANI, J.sp4.The Regional Labour Commissioner (C), Chennai, Ministry of Labour and Employment, Government of India, No.26, III Block, 5th Floor, Shastri Bhawan, Haddows Road, Nungambakka, Chennai – 600 006.5.The Labour Enforcement Officer (Central)/RY, Chennai, Ministry of Labour and Employment, Government of India, No.26, III Block, 5th Floor, Shastri Bhawan, Haddows Road, Nungambakka, Chennai – 600 006.W.P.Nos.14150 & 14155 of 2019 and 11428, 11431 & 11433 of 202003.04.2025(2/2)Page No.6 of 6

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