N GOVINDAN Vs. LABOUR OFFICER

JUDGEMENT

(1.) THE petitioner was working as a Driver in the second respondent Transport Corporation. THE petitioner is about to reach the age of superannuation on 28.02.2010. It transpires one Trade Union by name Anaithu Thozhilalar Urimai Padukappu Sangam, Salem District had raised a dispute under Section 2(k) of the Industrial Disputes Act, 1947 (for short I.D.Act).

(2.) THE grievance projected by the Union was various punishment orders given to the petitioner should be cancelled. THE said Trade Union had also stated that the workman viz., the petitioner was given several charge memos and illegal punishments were also given.

(3.) IT is not clear as to how the petitioner can file the present writ petition when it did not relate to his non-employment as covered by Section 2(a) of the I.D.Act. Once the case of the petitioner is taken up by the Trade Union and the matter is pending negotiation before the first respondent Labour Officer, this Court cannot grant any direction to send a failure report. Unless there was any unreasonable delay on the part of the Labour Officer and if such delay is questioned by the Trade Union which raised the dispute, the petitioner has no locus standi to intermeddle in the dispute raised by the Trade Union as the issue does not relate to his non-employment, but various other minor punishments given by the Corporation over a long period. In the absence of the petitioner having locus standi to file the writ petition, this Court cannot grant any direction to the Labour Officer to send a failure report. IT is not as if the failure report is sent to the State Government under Section 12(4) as a matter of course. The Conciliation Officer who is appointed under Section 4 of the I.D.Act has to conciliate between the parties under Section 12(2) and if any settlement is reached under Section 12(3), he has to record such settlement. If he is of the opinion, despite his efforts, no settlement is possible, a failure report will have to be sent to the State Government. Secondly, it must be noted that it is not as if the Conciliation Officer shall begun with a strike notice issued under Section 22 where there is no course except to conciliate and send a failure report within the time. The very I.D.Act do not prescribe any time limit for sending a failure report.