CENTRE OF INDIA TRADE UNIONS CITU Vs. SECRETARY OF GOVT OF TAMIL NADU LABOUR AND EMPLOYEMENT DEPARTMENT CHENNAI

JUDGEMENT

(1.) THE petitioner seeks for the issuance of a writ of mandamus to direct the first respondent to consider the petitioner's representation dated February 23, 2006 preferred on behalf of the State Textile workers Federation within a stipulated time limit in order to put an end to the exploitative practice of Thirumana Thittam in various textile mills in the State of Tamil Nadu. According to petitioner adolescent girls below the age of 18 years are being lured by the various textile mills in the State of Tamil nadu and are being put in a miserable situation by adopting forced labour system and thereby forcing some of the adolescent to commit suicide.

(2.) MR. Lajapathi Roy, learned counsel appearing for the petitioner, with all vehements at his command, submitted that since such illegal practice is being adopted in very many textile mills in the southern districts, it is just and necessary that the first respondent hold a statewide survey in order to put an end to this unlawful scheme that is being practiced in different textile mills.

(3.) ON a perusal of the affidavit filed in support of the writ petition as well as the other material papers, we find that the petitioner has come forward with various allegations which are too general in nature. Even if there is any particular violation committed by any textile mills by engaging adolescent women employees the petitioner, being a responsible trade union, can prefer an appropriate complaint to the other factory authorities or the inspectorate of Labour or other labour authorities constituted under the provisions of the Industrial Disputes Act in order to set right any unfair labour practice that is being carried on in any particular textile mill. In the absence of any such specific complaint, based on the general allegations, made by the petitioner in the affidavit or in the representations preferred by the petitioner before the first respondent, we feel that it will not be appropriate to direct any authorities to make a roving enquiry into the allegations since we are convinced that whatever grievance expressed by the petitioner can be satisfactorily redressed by approaching the concerned labour authorities constituted under the provisions of different labour enactments. It will not be appropriate for this court to entertain this public interest litigation as, in our opinion, that would not be a proper remedy for the violations alleged by the petitioner as against the unnamed mills in its representation. We, therefore, do not find any merit in this petition. The writ petition fails and the same is dismissed reserving the petitioner's right to work out its remedy before the appropriate forum in the manner known to law. Consequently, connected miscellaneous petition is closed. No costs.