PRADEEP STAINLESS STEEL INDIA PVT LTD Vs. JOINT COMMISSIONER OF LABOUR CONCILIATION LABOUR WELFARE BOARD BUILDINGS

JUDGEMENT

(1.) THIS appeal has been filed by the writ petitioner challenging the judgment and order dated 23.9.2008 passed by a learned judge of the writ Court whereby the writ petition was disposed of without granting the prayers therein.

(2.) THE case in the writ petition is that the writ petitioner-appellant is a company engaged in the business of manufacturing and exporting stainless steel utensils, kitchen wares, etc. and is situate in Madras Export Processing Zone, Tambaram, Chennai, and about 450 employees are engaged in its factory. THE said company received a strike notice dated 21.11.2007 raising certain demands from Chennai Yetrumathi Valaga Uzhiyargal Matrum Pothu Thozhilalar Sanga, the second respondent herein, under Section 22(1)(c) of the Industrial Disputes Act (hereinafter referred to as - the said Act-). On the date of receipt of the said notice i.e., on 23.11.2007, the petitioner was not notified as an industry engaged in Public Utility Service. After the strike notice was issued, the conciliation officer-the first respondent, issued a notice dated 29.11.2007 to the petitioner asking them to appear in the conciliation proceedings, which was proposed to be held on 4.12.2007. THEreafter the first respondent issued another notice to the petitioner asking them not to alter the condition of service of the employees, pending conciliation. It is alleged that notice of the conciliation proceedings has been issued by the first respondent without proper application of mind, as the second respondent-union had issued only 15 days notice under Section 22(1)(c) of the Act and failed to give particulars as per Rule 59(1)(c) of the and Rule 59(1)(d) of the Tamil Nadu Industrial Disputes Rules, 1958, and the strike notice was not signed by the two office bearers of the union as per Rule 59(2)(b)(ii) of the Tamil Nadu Industrial Dispute Rules, 1958. THErefore, it was alleged that the strike notice was not legally valid and without examining the validity of the said strike notice, the conciliation proceeding was initiated. THE further stand in the writ petition is that initiation of conciliation proceedings imposes certain restrictions on the management under Section 33 of the Act during the pendency of the conciliation proceedings, and it has been stated that there is hardly any existence or any apprehension of an industrial dispute between the petitioner and its workers, inasmuch as most of the demand of the second respondent union are frivolous.

(3.) ON these facts, the learned judge of the writ Court came to a finding that pursuant to the strike notice dated 21.11.2007, the members of the second respondent have not resorted to strike, and therefore, there is on necessity to decide s to whether the conciliation proceedings initiated by notice dated 29.11.2007 is valid or not. The learned Judge further held that under Section 12(1) of the said Act even on an apprehension or on the existence of dispute, it is open to the conciliation officer to hold conciliation proceedings and it is nobody-s case that there are no disputes, and disputes have been raised by the second respondent as early as on 4.5.2007 and the petitioner company has already approached the first respondent seeking approval under Section 33 of the said Act for termination of service of some of the members of the second respondent. Holding so, the learned Judge disposed of the writ petition with a direction upon the first respondent to decide all the issues pertaining not only to the general demands raised by the second respondent on 4.5.2007, but also the validity of the strike notice issued by the second respondent under Section 22(1) of the said Act and the implication of Section 20(1) of the said Act on such strike notice. A direction was also been given to the first respondent to decide whether under such situation approval under Section 33(2)(b) of the said Act is required in respect of termination of the members of the second respondent.