CENTRAL ORGANIZATION OF TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD EMPLOYEES Vs. SECRETARY TO GOVERNMENT LABOUR AND EMPLOYMENT A1 DEPARTMENT

JUDGEMENT

(1.) THE petitioner is a Trade Union registered under the Trade Union Act. It is having substantial following among the workmen employed by the second respondent. THE petitioner raised a dispute relating to bonus payable for the accounting year 2005-2006. THEy demanded 20% Bonus and 5% Ex gratia. According to the petitioner Union, the other State Agencies viz., Tamil Nadu Electricity Board, Transport Corporations, Tamil Nadu Civil Supplies Corporation, Aavin and Tamil Nadu Poombukar Shipping Corporation and TAMIN have given 20% bonus besides 5% ex gratia to their workmen. THE petitioner took up the dispute before the Conciliation Officer. THE conciliation ended in failure and the Conciliation Officer submitted Failure Report under Section 12(4) of the Industrial Disputes Act to the first respondent. THEreafter, the first respondent passed the impugned order in G.O.(D)No.461, Labour and Employment Department, dated 06.08.2009, declining to refer the dispute for adjudication by the Industrial Tribunal. THE present writ petition has been filed to quash the aforesaid order and for consequential direction to the first respondent to refer the dispute for adjudication by the Industrial Tribunal.

(2.) NOTICE of motion was ordered.

(3.) THE learned counsel for the petitioner submits that the first respondent has exceeded its jurisdiction by deciding the dispute while exercising its power under Section 10 of the Industrial Disputes Act. According to the learned counsel for the petitioner, while exercising its administrative power under Section 10 of the Industrial Disputes Act, the first respondent could not adjudicate the matter and come to the conclusion that whatever bonus paid to the workmen is fair and no adjudication is required.