LAWS(MAD)-2007-1-474

ANNA THOZHILALAR SANGAM Vs. LABOUR OFFICER

Decided On January 10, 2007
Anna Thozhilalar Sangam Appellant
V/S
LABOUR OFFICER Respondents

JUDGEMENT

(1.) The writ appeal is preferred by the appellant/petitioner against the order passed by the learned Single Judge in W.P. (MD) No. 1683 of 2004, dated 17 July 2006.

(2.) THE writ petition was filed to direct the first respondent to conduct the election as agreed to by the parties as per settlement, dated 30 January 2003. But the said election was not conducted from the year 1996. Aggrieved by that, the petitioner sent representation to the respondents, but the same was not considered. Hence, the learned Single Judge dismissed the writ petition on the grounds that there was a breach of settlement entered into between the parties since the election was not conducted as per the agreement and that in case of any breach of settlement, the only course open to the aggrieved parties is to raise industrial disputes and not by way of filing the writ petition.

(3.) ACCORDINGLY , we set aside the order of the learned Single Judge and. the writ appeal is allowed with a direction to the first respondent to conduct the election within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.