(1.) The relief sought for in this writ petition is for a direction to direct the first respondent-Government of Tamil Nadu to commence and conclude the enquiry and take necessary action against the second respondentmanagement under Section 25(T) of the Industrial Disputes Act as per the complaint given by the petitioner-Union on 8.3.2017.
(2.) On a perusal of the complaint dated 8.3.2017, which is enclosed in Page No.142 of the typed set of papers filed along with the writ petition, the same was addressed to the Secretary, Department of Labour and Employment, Fort St. George, Chennai-9. The complaint speaks about the unfair labour practice against the management of M/s.Rane TRW Steering Systems Private Limited. Section 25-T of the Industrial Disputes Act, 1947, enumerates the prohibition of unfair labour practice. Accordingly, no employer or workman or a trade union, whether registered under the Trader Unions Act, 1926 (16 of 1926), or not, shall commit any unfair labour practice. Section 25-U provides penalty for committing unfair labour practices. It states that any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. The above Section 25-T prohibition of unfair labour practice and Section 25-U provides penalty for such offences.
(3.) It is necessary that for the purpose of arriving a conclusion in respect of unfair labour practice, an adjudication and a finding is required. If any adjudication is completed and a finding is arrived, then alone, an action under the provisions of the Act can be invoked for the purpose of initiating action against the persons who committed such unfair labour practice.