Madras High Court
Tamil Nadu Trade Union Centre vs The Presiding Officer on 15 April, 2021
W.A.No.4332 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2021
CORAM
THE HON’BLE MR. JUSTICE M.M.SUNDRESH
and
THE HON’BLE MS. JUSTICE R.N.MANJULA
W.A. No.4332 of 2019
and C.M.P No.27680 of 2019
Tamil Nadu Trade Union Centre,
Register No.1324/VLR,
Thiruvallur Street,
Alamkuppam Village,
Ambur Taluk, Vellore District.
Represented by General Secretary ... Appellant
Vs.
1.The Presiding Officer,
The Industrial Tribunal,
Chennai.
2.The Management,
N.M.Zackrian & Co., Shoe Division,
(FD) Jameel and Bottom),
Gudiyatham Road, Thuthipet Village and post
Ambur Taluk, Vellore District. ... Respondents
Writ Appeal is preferred under Clause 15 of the Letters Patent against
the order dated 16.10.2019 made in W.P.No.12380 of 2017.
1/7
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W.A.No.4332 of 2019
For Appellant : Mr.R.Sankarasubbu
For 2nd Respondent : Mr.M.Mariappan for
Mr.A.V.Suresh
JUDGMENT
(Judgment of the Court was made by M.M.SUNDRESH,J.)
This writ appeal has been preferred by the appellant aggrieved over
the dismissal of the writ petition filed seeking to set aside the order passed
in I.A.No.83 of 2017 in I.D.No.5 of 2013 dated 13.04.2018 by the Industrial
Tribunal, Chennai.
2.The appellant raised the dispute in I.D.No.5 of 2013 on the file of
the Industrial Tribunal, Chennai. The dispute is with respect to the demand
of certain allowances viz., Dearness Allowance, Travelling Allowance and
the House Rent Allowance from the Management. After completion of the
pleadings, documents have been marked. On behalf of the appellant, three
witnesses viz., W.W.1 to W.W.3 were examined and documents viz.,W1 to
W14 were marked and on behalf of the respondents MW1 has been fully
examined and M1 to M7 were marked and the case had been posted for
arguments from 19.01.2017 onwards. At that point of time, an application
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W.A.No.4332 of 2019
in I.A.No.83 of 2017 in I.D.No.5 of 2013 was filed seeking to invoke Rule
36 of the Tamil Nadu Industrial Disputes Rules, 1958 for the production of
the following documents.
“1.License books under Sub Rule 6 of Rule 4 of the
Tamil Nadu Factories Rules, 1950 with latest
amendments.
2.Register maintained under Rule 25(4) of the TN
Industrial Disputes Rules 1958 from January 2008 to till
date.
3.Appointment Registers (service card) maintained in
accordance with the Industrial Employment (standing
order) Act, 1946 from January 2008 to till date.
4.Attendance Register maintained in accordance with the
Factories Act, 1948 from January 2008 to till date.
5.Registers denoting in and out of workers maintained in
the main gate as well as respective divisions from
January 2008 to till date.
6.Production Register maintained in the respective
sections from Jan, 2008 to till date.
7.Payment Register maintained in accordance with the
Payments of Wages Act, 1936 as well as Minimum
Wages Act, 1948.
8.Register of Form 1 and Form 2 maintained in
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W.A.No.4332 of 2019
accordance with the TN Industrial Establishments
(Conferment of Permanent Status to Workmen) Rules,
1981 from Jan. 2008 to till date.
9.Register Form 1 and Form 2 maintained in accordance
with the TN Payment of Subsistence Allowances Rules,
1981 from Jan. 2008 to till date.”
3.The following are the averments forming basis of the aforesaid
order.
“3.I submit that the respondent management seldom
approach this above industrial dispute with clean hand
and playing a game of hide and seek either before the
conciliation proceedings or before this Honourable
Industrial Tribunal in filing/producing the relevant
documents connected to the respondent management.
4.I also submit that the respondent management known
for its closed minded attitude and therefore suppressed
all material facts in all connected counters as well as in
oral evidence and intensively hide the documents
before the eye of law and as such respondent
management in constant hesitation of producing the
documents which ought to be produced in interest of
law.”
4.The Tribunal dismissed the application having found that there is
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W.A.No.4332 of 2019
absolutely no connection between the documents sought for and pleaded
and incidentally, it has been held that roving inquiry is not permissible
under law. While passing the orders, the Tribunal has taken note that the
case has reached the stage of disposal. The writ petition in W.P.No.12380 of
2017 was filed before the learned single Judge, who concurred with the
order passed by the Industrial Tribunal by an order dated 16.10.2019 and
hence, the present writ appeal.
5.Mr.R.Sankarasubbu, learned counsel for the appellant, submitted
that in law, these documents are required to be produced as the appellant is
entitled to rely upon the same.
6.The learned counsel for the respondent submitted that neither
before the Tribunal nor before this Court the relevancy has not been shown.
The interlocutory application has been filed belatedly with the sole
intention of dragging on the matter.
7.Having heard the learned counsel appearing for both sides, we do
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W.A.No.4332 of 2019
not find any reason to interfere with the order passed. We have also
extracted the relevant paragraphs of the affidavit filed seeking production
of documents. These paragraphs do not indicate any reason whatsoever with
respect to the relevancy and the need for the production of the documents.
The interlocutory application has also been filed belatedly when the
proceedings are pending from 2013 onwards.
8.In such view of the matter, we do not find any error warranting
interference. Accordingly, the writ appeal stands dismissed. Taking into
consideration of the fact that the dispute is pending consideration for more
than eight years as of now, we direct the Industrial Tribunal, Chennai, to
dispose of the same within a period of four months from the date of receipt
of a copy of this order. No costs. Consequently, connected miscellaneous
petition is also dismissed.
(M.M.S., J.) (R.N.M., J.)
15.04.2021
raa
To
1.The Presiding Officer,
The Industrial Tribunal,
Chennai.
https://www.mhc.tn.gov.in/judis/
W.A.No.4332 of 2019
M.M.SUNDRESH, J.
and
R.N.MANJULA, J.
raa
W.A.No.4332 of 2019
15.04.2021
https://www.mhc.tn.gov.in/judis/
