SUNDARAM INDUSTRIES EMPLOYEES UNION Vs. GOVERNMENT TAMIL NADU

JUDGEMENT

(1.) Heard both sides.

(2.) The writ petition is filed by the petitioner Trade Union challenging the order of the first respondent State Government in G.O(D).No. 14 , Labour and Employment Department dated 7.1.2000 in refusing to refer the Industrial dispute raised by them. The petitioner's union raised an Industrial dispute with reference to the second respondent for introducing production targets without giving a notice under Section 9A of the Industrial Disputes Act. The Conciliation Officer notified under the Act, viz., Labour Officer, Chennai after conciliating between the parties sent a failure report dated 3.6.1999.

(3.) The State Government upon considering the failure report and connected records by its order in G.O.(D).No.14 Labour and Employment Department dated 7.1,.2000 refused to refer the dispute for adjudication. The reason given by the Sate Government was that the subject matter of production targets were covered by a settlement signed under Section 18(1) of the Industrial Disputes Act. The members of the petitioner union have given separate undertakings and they were enjoying the fruits of the said settlement. Since the trade union never objected to the settlement benefits, it is not a fit case for referring the issue for adjudication. It is against this order declining to refer, the present writ petition has been filed.