T. Subramaniyan vs The Government Of India
2021 Latest Caselaw 15393 Mad

                                                                                         W.P.No.7914 of 2006

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 31.07.2021

                                                           :CORAM:

                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                       W.P.No.7914 of 2006


            T. Subramaniyan                                                      ....        Petitioner

                                                            Vs.


            1.The Government of India
              Rep by its Secretary,
              Ministry of Labour,
              New Delhi.

            2. The Assistant General Manager,
               Indian Bank, Circle Office,
               Jennie Plaza, 5-F, Bharathiyar Salai,
               Contonment, Trichy - 1.                                          .....     Respondents



            Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to
            issue a Writ or Certiorarified Mandamus, calling for the order No. L.12012/103/2005-
            IR(B-II) dated 11.11.2005, passed by the 1st respondent and quash the same and
            consequently, direct the 1st respondent to refer the industrial dispute relating to non-
            employment of petitioner for adjudication by a competent Labour Court/Tribunal.
                                      For Petitioner       : Mr.V. Ajay Khose

                                      For R1               : Mr.K.Subbu Ranga Bharathi
                                      For R2              : Mrs.Rita Chandrasekar
                                                            for M/s.Ayar & Dolia

https://www.mhc.tn.gov.in/judis/
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                                                                                             W.P.No.7914 of 2006



                                                           ORDER

This Writ Petition has been filed, seeking to quash the order

No.L.12012/103/2005-IR(B-II) dated 11.11.2005, passed by the 1st Respondent to refer

the industrial dispute, relating to non-employment of Petitioner for adjudication by a

competent Labour Court/Tribunal.

2. When the matter is taken up for hearing, it is represented by the learned

counsel for the Petitioner that the Government has declined to refer the dispute, on the

ground that the award passed by the Labour Court in I.D.No.556 oof 2001 was the

subject matter of the Writ Petition. It is further stated that W.P.No.32994 of 2002 was

disposed of directing the parties to work out the remedy before the appropriate Labour

Forum and that the matter pending in I.D.No.20 of 2017.

3. Heard both sides and perused the materials available on record.

4. The Government have no power to decide the lis between the parties to the

dispute. The Government has to refer to the dispute for adjudication and cannot reserve

the adjudicatory role. I am of the view that the Government in declining to refer the

dispute is bad in the eye of the law. In the light of the Judgment of the Hon'ble Apex

Court in the case of M/s. Avon Services production Agencies (P) Ltd., Vs. Industrial https://www.mhc.tn.gov.in/judis/

W.P.No.7914 of 2006

Tribunal, Haryana and others, reported in (1979) 1 SCC 1, even there are no fresh

materials, the Government has to refer the dispute of adjudication even when the

dispute is raised again on the same issue without additional materials. Hence the Writ

Petition is disposed of with the direction to the Government to refer the dispute for

adjudication within the period of two months from the date of the receipt to the order to

the Central Government Industrial Tribunal, Madras and the said Tribunal is expected

to decide the issue within the period of six months from the date of receipt of the

reference as more than 15 years have gone by from the date of declining to refer the

dispute for adjudication. No Costs.

31.07.2021 Index: Yes / No Speaking order /Non speaking order shk/vm

To

1.The Secretary, Government of India Ministry of Labour, New Delhi.

2. The Assistant General Manager, Indian Bank, Circle Office, Jennie Plaza, 5-F, Bharathiyar Salai, Contonment, Trichy - 1.

https://www.mhc.tn.gov.in/judis/

W.P.No.7914 of 2006

S.VAIDYANATHAN,J., shk

W.P.No.7914 of 2006

31.07.2021

https://www.mhc.tn.gov.in/judis/