S.VAIDYANATHAN,J.,            The Government shall produce the records and the Secretary to the Government / Commissioner of Labour, who conducted the proceedings under Section 25(O) of the Industrial Disputes Act, 1947, must file an affidavit as to the notice sent to the parties, dates of hearings conducted, pleadings filed by the Management and Union, documentary and verbal evidence, etc., on issuance of notice for closure of the Mill, which is impugned in these Writ Petitions. If the details sought for are not produced, this Court will have to take serious note of the same and pass adverse orders / remarks against the Secretary, who is an IAS Officer, including stripping off his IAS. The Government must ensure that honest Officers are appointed in sensitive posts, who are capable of exercising quasi-judicial duties and certainly not conferred IAS.

W.P.Nos.5360 and 5365 of 2021

and W.M.P.Nos.5958, 5953, 5954 and 5957 of 2021

 

W.P.No.5360 of 2021

 

Swadeshi Panchalai Thozilalar

Urimai Padukappu Sangam

No.23, 1st Floor, Middle Street,

Veeman Nagar, Thilaspet,

Puducherry-605 009

Rep. by its President Mr.K.Mohandass                                                    … Petitioner

 

-vs-

 

  1. The Secretary

Industries and Commerce

Government of Puducherry,

Puducherry.

 

  1. The Secretary (Labour)

Government of Puducherry

Puducherry.

 

  1. M/s.Pondicherry Textile Corporation Ltd.,

A Government of Puducherry Undertaking

AFT Mill Premises, Cuddalore Road,

Pondicherry-605 004.

Rep. by its Director

 

  1. M/s.Swadeshee-Bharathee Textile Mills Ltd.,

A unit of M/s.Swadeshee-Bharathee Textile Mills Ltd.,

A Government of Puducherry Undertaking,

Maraimalai Adigal Salai,

Puducherry-605 004.

Rep. by its Managing Director

 

  1. The Managing Director,

M/s.Swadeshi Cotton Mill

A unit of M/s.Swadeshee-Bharathee Textile Mills Ltd.,

A Government of Puducherry Undertaking,

Maraimalai Adigal Salai,

Puducherry-605 004.

Prayer: to call for records relating to the impugned notice dated 29.09.2020 issued by the 5th Respondent and quash the same and consequently, direct the Respondents to take appropriate steps to make the 5th Respondent Mill operative and pass such further orders.

 

*****

W.P.No.5365 of 2021

 

Sri Bharathi Mills Thozilalar

Urimai Padukappu Sangam

No.23, 1st Floor, Middle Street,

Veeman Nagar, Thilaspet,

Puducherry-605 009

Rep. by its President Mr.K.Mohandass                                                    … Petitioner

-vs-

  1. The Secretary

Industries and Commerce

Government of Puducherry,

Puducherry.

 

  1. The Secretary (Labour)

Government of Puducherry

Puducherry.

 

  1. M/s.Pondicherry Textile Corporation Ltd.,

A Government of Puducherry Undertaking

AFT Mill Premises, Cuddalore Road,

Pondicherry-605 004.

Rep. by its Director

 

  1. M/s.Swadeshee-Bharathee Textile Mills Ltd.,

A unit of M/s.Swadeshee-Bharathee Textile Mills Ltd.,

A Government of Puducherry Undertaking,

Maraimalai Adigal Salai,

Puducherry-605 004.

Rep. by its Managing Director

 

  1. The Managing Director,

M/s.Sri Bharathi Mills

A unit of M/s.Swadeshee-Bharathee Textile Mills Ltd.,

A Government of Puducherry Undertaking,

Maraimalai Adigal Salai,

Puducherry-605 004.

 

Prayer: to call for records relating to the impugned notice dated 29.09.2020 issued by the 5th Respondent and quash the same and consequently, direct the Respondents to take appropriate steps to make the 5th Respondent Mill operative and pass such further orders.

 

******

 

S.VAIDYANATHAN,J.,

 

The Government shall produce the records and the Secretary to the Government / Commissioner of Labour, who conducted the proceedings under Section 25(O) of the Industrial Disputes Act, 1947, must file an affidavit as to the notice sent to the parties, dates of hearings conducted, pleadings filed by the Management and Union, documentary and verbal evidence, etc., on issuance of notice for closure of the Mill, which is impugned in these Writ Petitions. If the details sought for are not produced, this Court will have to take serious note of the same and pass adverse orders / remarks against the Secretary, who is an IAS Officer, including stripping off his IAS. The Government must ensure that honest Officers are appointed in sensitive posts, who are capable of exercising quasi-judicial duties and certainly not conferred IAS.

 

  1. The Secretary / Commissioner of Labour, dehors pendency of other works, ought to have conducted the proceedings on a day-to-day basis and passed final orders within 60 days’ time stipulated under Section 25(O) of the Industrial Disputes Act, 1947. After final orders, reference is also permissible to the Tribunal, which should decide the issue within 30 days as per the Act.

 

  1. Since the Court may pass adverse remarks against the Commissioner of Labour / Secretary to Government, before passing the remarks, he needs to be heard and hence, he is made as a party respondent by impleading him in his personal capacity.

 

  1. Accordingly, Thiru.E.Vallavan, I.A.S., The Secretary to Government (Industries and Commerce), Chief Secretariat, Puducherry-605 001 is suo motu impleaded as 6th Respondent in his individual capacity to the Writ Petitions. Registry is directed to amend the cause titles and issue notice to the newly impleaded 6th Respondent, returnable in June, 2021.

 

List these matters on 29.04.2021 under the caption “For Orders”.

 

27.04.2021

 

ar

 

Note: Registry is directed to upload this order forthwith

 

 

 

 

 

 

 

 

 

 

 

 

 

 

W.P.Nos.5360 and 5365 of 2021

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