The petitioner, being a Union, filed this writ petition, seeking a direction to the second respondent to refer the industrial disputes dated 04.04.2016 for adjudication immediately on receipt of the failure report from the first respondent and a further direction has also been sought against the third respondent not to alter the service conditions as mandated under Section 9A of the Industrial Disputes Act (for short 'the Act'), in view of the statutory prescription giving succour to the employee under Section 33 of the Act.
2.This writ petition has been filed in the year 2016. Thereafter, the second respondent has referred the industrial disputes for adjudication and they are being adjudicated as I.D. Nos.27, 31 and 32 of 2016. The matters which have been posted today before the Industrial Tribunal stand adjourned to 05.04.2017 and 06.04.2017 for further hearing. Thus, practically, the relief sought for in the writ petitions stand satisfied.
3.Learned counsel appearing for the petitioner has made one more submission. Learned counsel submits that in view of the mandate provided under
Section 33 of the Act, the protection as sought for in the writ petition, pending reference, would also be available in the proceedings pending before the Industrial Tribunal after reference.
4.Learned senior counsel appearing for the third respondent submits that there is no difficulty in complying with
Section 33 of the Act, which is of a binding nature.
5.In view of the above said settled position of law, this Court is of the view that
Section 33 of the Act has to be complied with in letter and spirit by the third respondent during the currency of the proceeding before the Industrial Tribunal.
6.With the above said observation, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
08.03.2017 Index:Yes/No mmi To
1.The Labour Officer 1 3rd Floor, Kuralagam, Chennai 600 108.
2.The State of Tamil Nadu, Rep. by its Secretary, Department of Labour and Employment, Fort, St. George, Chennai 600 009.
3.The Chief Executive, Railway Employees Co-operative Credit Society Ltd., Ashok Vihar Complex, Old Zoo Road, Chennai 600 003.
4.The Sourthern Railway, Rep. by its General Manager, Central Chennai, Poonamallee, Chennai.
5.Union of India, Ministry of Railways, represented by its Secretary, Rail Bhavan, New Delhi-110 001.
M.M.SUNDRESH, J.
mmi
6.The Chairman, Railway Board, RailBhavan, New Delhi -110 001.
W.P.No.28498 of 2016 08.03.2017 http://www.judis.nic.in