Citation : 2023 Latest Caselaw 3834 Mad
Judgement Date : 5 April, 2023
WP No.10305 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2023
CORAM
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. No.10305 of 2023
The Secretary
BHEL Valaga Oppanda Thozhilalar Nala Sangam
No. 5 Dheen Complex, 1st Floor,
Thiruvarambur, Trichy 13,
Rep. by M.Sekar, S/o. Muniyandi. ... Petitioner
Versus
1. The Registrar
Central Government Industrial tribunal cum
Labour Court,
Sashtri Bhawan,
Nungambakkam, Chennai.
2. The Secretary
Government of India,
Ministry of Labour and Employment,
Shram Sakthi bhawan, Rafi Marg,
New Delhi
3. The Executive Director,
Bharat Heavy Electrical Ltd.,
Trichy 620 014.
4. The Special Officer,
BHEL Labour Contract society,
No. 24, Building BHEL,
Trichy 620 014.
.. Respondents
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WP No.10305 of 2023
Petition filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Mandamus, to direct the 1st and 2nd respondents to issue
the certified copy of the order dated 1.12.2022 passed in the I.D. 121 of 2015
on the file of the Central Industrial Tribunal cum Labour Court, Shastri
Bhawan, Nungambakkam, Chennai dated 1.12.2022.
For Petitioner : Mr.D.Veerasekharan
ORDER
The writ petition has been filed seeking a direction to the 1st and 2nd
respondents to issue the certified copy of the order dated 1.12.2022 passed in
the I.D. 121 of 2015 on the file of the Central Industrial Tribunal cum Labour
Court, Shastri Bhawan, Nungambakkam, Chennai dated 1.12.2022.
2. It is the grievance of the petitioner that he is the General Secretary
of BHEL Valagaoppanda Thozhilalar Nala Sangam and raised an industrial
dispute on behalf of the Union before the Assistant Commissioner of Labour,
Puducherry. After hearing on both sides, the Assistant Commissioner of
Labour refers the matter before the second respondent. In turn, the first
respondent has transferred the dispute in ID.No.121 of 2015 before the first
respondent/ Central Government Industrial Tribunal Labour court, Chennai
vide letter dated 29.01.2015 for adjudication. After hearing of both side
arguments, the Central Labour Tribunal reserved the orders on 25.07.2022 and
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WP No.10305 of 2023
delivered judgment on 01.12.2022. Thereafter, the petitioner has applied for
the certified copies for the award passed in the above case on 07.12.2022. Till
date, the petitioner has not received the certified copy of the order. Hence, the
petitioner filed the present writ petition before this Court.
3. The learned counsel for the petitioner submitted that as per the
tribunal rules, the Presiding Officer shall communicate the copy of the order to
the petitioner, on payment of necessary fee. However, the same was not
complied with. Hence, this Court may direct the first respondent to furnish the
order copy to the petitioner within the stipulated time as fixed by this Court.
4. In such view of the matter and considering the limited request sought
for by the petitioner, this Court directs the first respondent to furnish the
certified copy of the order to the petitioner in ID.No.121 of 2015 dated
01.12.2022 within a period of two weeks from the date of receipt of a copy of
this order.
5. With the above direction, the writ petition is disposed of. No costs.
05.04.2023 rli Note: Issue order copy on 10.04.2023 https://www.mhc.tn.gov.in/judis
WP No.10305 of 2023
M. DHANDAPANI, J
rli
Index : Yes/No Internet : Yes/No
To
1. The Registrar Central Government Industrial tribunal cum Labour Court, Sashtri Bhawan, Nungambakkam, Chennai.
2. The Secretary Government of India, Ministry of Labour and Employment, Shram Sakthi bhawan, Rafi Marg, New Delhi
3. The Executive Director, Bharat Heavy Electrical Ltd., Trichy 620 014.
4. The Special Officer, BHEL Labour Contract society, No. 24, Building BHEL, Trichy 620 014.
W.P. No.10305 of 2023
05.04.2023 https://www.mhc.tn.gov.in/judis
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