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Workmen Of Taneja Aerospace And ... vs The Joint Director Of Industrial ...

Madras High Court|02 January, 2017

JUDGMENT / ORDER

The present writ petition has been filed seeking a writ of mandamus, directing the Joint Director of Industrial Safety and Health, Hosur, Krishnagiri District, the first respondent herein to take steps/action in accordance with Section 14 of the Payment of Wages Act and ensure payment of wages to the members of the petitioner union in the second respondent factory and supervise the said payment and wages to the workers.
2. At the outset, this Court is inclined to mention that the writ petition cannot be entertained. Firstly, when the petitioner has made a complaint before this Court that the members of the petitioner union are not being paid with their monthly wages regularly, it is the bounden duty of the petitioner union, which is representing their members, to seek redressal before the first respondent in the manner known to law. Secondly, the copy of the letter enclosed at page-5 of the typedset does not mention the date of sending the representation. Although the learned counsel for the petitioner submitted that the seal of the Labour Officer's office, Krishnagiri dated 2.9.2016 is available, even that seal also does not relate to the first respondent's office. Therefore this Court, for the reason that no proper representation has been made for invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India to issue a mandamus or writ to the first respondent to take steps/action against the second respondent, is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. Consequently, W.M.P.No.38294 of 2016 is also dismissed. No costs.
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Title

Workmen Of Taneja Aerospace And ... vs The Joint Director Of Industrial ...

Court

Madras High Court

JudgmentDate
02 January, 2017