UNITED LABOUR FEDERATION REPRESENTED BY ITS VICE PRESIDENT Vs. GOVERNMENT OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY IN CHARGE

JUDGEMENT

(1.) This writ petition has been filed for issuance of Writ of Certiorarified Mandamus, calling for the records of first respondent in connection with G.O.(D) No.399, Labour and Employment (A2) Department dated 03.09.2014 and quash the same and further direct the first respondent State of Tamil Nadu to refer the Industrial Dispute raised by the petitioner Union dated 01.01.2014 for adjudication

(2.) The petitioner raised a dispute against the third respondent before the second respondent. There are three more disputes that are sought to be raised by the petitioner. One is with respect to the sudden termination of the employment of 60 workmen belonging to the petitioner's Union. In this issue, the petitioner has contended that there is no contract involved and thus the employees are directly engaged and working under the third respondent. The second issued is with respect to the moulds and other parts removed from the premises of the factory by the second respondent. The third one pertains to consequential employment of labour unauthorizedly from outside. Incidentally, the petitioner has also sought for payment of wages.

(3.) By the impugned order, the reference was rejected by considering the three main issues raised by the petitioner. On the first issue it has been stated that the petitioner being contract employees, they have to workout the right under the Contract Labour (Regulation and Abolition) Act, 1970. On the second issue, it has been held that the same is very vague and incapable of an adjudication. The third issue was also not referred as being unnecessary as no employee from outside can be prevented from being employed.