Tamil Nadu Water Supply and Drainage Board Employeesrepresented by its General Secretary v. The Secretary to Government

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21.07.2010CORAMTHE HONOURABLE MR.JUSTICE D.HARIPARANTHAMANW.P.No.26423 of 2009 Central organization of Tamil Nadu Water Supply and Drainage Board Employeesrepresented by its General Secretary, No.27, Masoodhi Street, Chepauk, Chennai- 600 005.... PetitionerVs1.The Secretary to Government, Labour and Employment (A1) Department, Fort St. Goerge, Chennai- 600 009.

The Management of Tamil Nadu Water and Drainage Board,33, Kamaraj Salai, Chepauk, Chennai- 600 005.... RespondentsPRAYER: Petition filed under Article 226 of the Constitution of Indiafor a Writ of Certiorarified Mandamus, call for the records relatingto the impugned order dated 20.03.2009 passed by the first respondentin G.O.(D) No.163, Labour and Employment (A1) Department, quash thesame and consequently, direct the first respondent to refer thedispute relating to payment of maximum bonus of 20% and exgratia of5% for the year 2005-2006. For Petitioner : Mr.M.MuthupandianFor Respondents : Mrs. Lita Srinivasan, Government Advocate for R1 Mrs.S.Sudharshana Sundar for R2ORDERThe petitioner is a Trade Union registered under the Trade UnionAct. It is having substantial following among the workmen employedby the second respondent. The petitioner raised a dispute relating tobonus payable for the accounting year 2006-2007. They demanded 20%Bonus and 5% Ex gratia. According to the petitioner Union, the otherState Agencies viz., Tamil Nadu Electricity Board, Transport https://hcservices.ecourts.gov.in/hcservices/ Corporations, Tamil Nadu Civil Supplies Corporation, Aavin and TamilNadu Poombukar Shipping Corporation and TAMIN have paid 20% bonusbesides 5% ex gratia to their workmen. The petitioner took up thedispute before the Conciliation Officer. The conciliation ended infailure. Thereafter, the first respondent passed the impugned orderin G.O.(D)No.163, Labour and Employment (A1) Department, dated20.03.2009, declining to refer the dispute for adjudication by the Industrial Tribunal. The present writ petition has been filed toquash the aforesaid order and for consequential direction to thefirst respondent to refer the dispute for adjudication by the Industrial Tribunal. 2. Notice of motion was ordered.

Heard Mr.M.Muthupandian, learned counsel appearing for thepetitioner, Mrs. Lita Srinivasan, learned Government Advocateappearing for the first respondent and Mrs.S.Sudharshanan Sundar, learned counsel for the second respondent.

The impugned order in this writ petition is the order of thefirst respondent declining to refer the industrial dispute relatingto bonus for the year 2006-2007. The petitioner demanded 20% Bonusand 5% Ex gratia on the ground that the other agencies of the Stateviz., Tamil Nadu Electricity Board, Transport Corporations, TamilNadu Civil Supplies Corporation, Aavin and Tamil Nadu PoombukarShipping Corporation and TAMIN had given 20% bonus and 5% Ex gratiato their workmen. The first respondent declined to refer the issue onthe ground that the first respondent looked into the balance sheetand found that there was no justification for reference. It is statedthat the financial condition is bad and therefore, the matter doesnot deserve reference.

It is well settled by a catena of decisions of this Court, including the decision in M/s.Shaw Wallace & Co. Ltd vs. State of Tamil Nadu (1987) 1 LLJ 177, wherein, the Division Bench of this Court held that the Government cannot adjudicate the matter whileexercising its power under Section 10 of the Industrial Disputes Act. But in this case, the Government has really adjudicated the matterand found that the second respondent need not pay bonus as demandedby the petitioner's Union. It is not for the first respondent todecide the issue on merit. It is for the Industrial Tribunal todecide the same as held by the Division Bench of this Court referredto above.