Before the Labour Court, the petitioner has raised a dispute regarding his non-employment, against the second respondent. Since the dispute did not end in settlement, the Labour Officer gave a failure report, dated 5.3.2008. It is thereafter the petitioner filed a claim statement before the first respondent-Labour Court. The first respondent-Labour Court took up the case of the petitioner as I.D.No.5 of 2009 and has issued notice to the second respondent. The case of the petitioner is that the second respondent is unnecessarily delaying by not filing counter statement before the Labour Court and therefore, having left with no other alternative remedy, he has approached this Court under Article 226 of the Constitution of India, seeking for a direction to the first respondent-Labour Court to dispose of the said I.D. within a time frame as may be fixed by this Court.
2. Such a prayer made by the petitioner is solely unwarranted, because under the proviso to Section 10(2-A) of the Industrial Disputes Act, where the industrial dispute is connected with an individual workman, the Award will have to be passed within three months. Therefore, there is no necessity for this Court to grant any direction to the Labour Court to dispose of the industrial dispute in a particular time.
3. Secondly, it is not as if the Labour Court is helpless. If the second respondent-Management is adopting dilatory tactics, under Rule 48 of the Tamil Nadu Industrial Disputes Rules, 1958, if, without showing sufficient cause, any party to proceedings, before a Court fails to attend or to be represented, the Court may proceed as if the party had duly attended or had been represented, and shall pass ex-parte Award if necessary.
4. In the circumstances, the filing of the Writ Petition with a prayer as set out is unwarranted. This Court is not inclined to grant any such direction. It is for the petitioner to move appropriate application before the Labour Court for expeditious disposal of his industrial dispute.
5. With the above observations, the Writ Petition is dismissed. No costs.
9.12.2009 Index: Yes Internet: Yes cs To The Presiding Officer, Labour Court, Salem.
K.CHANDRU,J cs Writ Petition No.24988 of 2009 9.12.2009