THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR WP.No.7473 of 2020 For Petitioner : Mr.S.Ravindran, Sr.Counsel Petitioner in Person lockdown case –Section 3 of the Tamil Nadu Industrial Establishment [National and Festival Holidays] Amendment Act, 2017, a declaration can be made as a Special Holiday only for a single day and not in respect of the entire period as sought for by the petitioner and also pointed out that the prayer sought for by the petitioner is exhaustive and omnibus one.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.04.2020
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
WP.No.7473 of 2020
S.Ravindran .. Petitioner
Versus
The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai- 600 009.
The Secretary,
Labour and Employment Department,
Government of Tamil Nadu,
Fort St. George,
Chennai- 600 009. … Respondents
Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the Respondents 1 and 2 to consider the petitioner’s representation dated 08.04.2020 and pass orders notifying the period of lock down from
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24.03.2020 to 14.04.2020 as special holidays for industrial establishments, excluding establishments which were allowed to function, in terms of powers vested under Section 3 (2) of the Tamil Nadu (National, Festival and Special Holidays) Act.
For Petitioner : Mr.S.Ravindran, Sr.Counsel
Petitioner in Person
For Respondents : Mr.S.R.Rajagopal, AAG
assisted by
Mr.V.Jayaprakash Narayan,GP
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,]
(1)This Court, in continuation and in conjunction with the earlier order
dated 16.04.2020, is passing the following order.
(2)Heard the submissions of Mr.S.Ravindran, learned Senior Counsel who
is also appearing as Party-in-person as well as Mr.S.R.Rajagopal, learned
Additional Advocate General assisted by Mr.V.Jayaprakash Narayan,
learned Government Pleader.
(3)The learned Additional Advocate General made a submission that the 2nd
respondent has already filed the counter affidavit, which is not made
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available to this Court and drawn the attention of this Court to the Amendment Act 36 of 2017 and would submit that in terms of the amendment made to Section 3 of the Tamil Nadu Industrial Establishment [National and Festival Holidays] Amendment Act, 2017, a declaration can be made as a Special Holiday only for a single day and not in respect of the entire period as sought for by the petitioner and also pointed out that the prayer sought for by the petitioner is exhaustive and omnibus one.
(4)This Court has considered the rival submissions and also perused the materials placed before it.
(5)This Court is very much optimistic and hopeful that at some point of time, the pandemic virus, viz., Covid-19 is going to subside and there is going to be lifting of lock down for industries to function and only if there is industrial peace and tranquility, the industries can function properly and efficiently. This Court can also take judicial notice of the fact that the State of Tamil Nadu is one of the leading manufacturing States in this country and only if the industries run efficiently and profitably, there can be augmentation of revenue for the State as well as
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the Central Government and therefore, had called upon the learned Additional Advocate General to look into the provisions of the Disaster Management Act, 2005, and come out with a response.
(6)It is also pleaded that since the Central Government, at appropriate times, is also issuing guidelines, prays for impleadment of the Ministry of Home Affairs of the Government of India. It is also represented that the Associations representing Employers also to be heard and that the said Associations may also be impleaded.
(7)Accordingly, [a] The Union of India represented by the Secretary to Government, Ministry of Home Affairs, Union of India, Jai Singh Marg, Hanuman Road Area, Connaught Place, New Delhi-110001 ; [b] Employers’ Federation of South India, represented by its Chairman, A-9, Second Floor, “Aroshree Apartments”, No. 10, Vaidya Raman Street T.Nagar, Chennai, Tamil Nadu 600017 ; and [c] The Coimbatore District Small Scale Industries Association [CODISSIA], represented by its President, Revathi Building, 118,123, Huzur Rd, Behind Court, Gopalapuram, Coimbatore, Tamil Nadu 641018, are suo motu
impleaded as respondents 3 to 5.
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(8)Notices to the newly impleaded respondents 3 to 5 through Court as well as privately returnable on 28.05.2020.
(9)Mr.V.Chandrasekaran, learned Senior Central Government Panel Counsel accepts notice on behalf of the 3rd respondent/Union of India and seeks time to get instructions.
(10) Call on 28.05.2020.
[M.S.N.,J] [M.N.K., J]
23.04.2020
AP
Internet : Yes
To
The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai- 600 009.
The Secretary,
Labour and Employment Department, Government of Tamil Nadu,
Fort St. George, Chennai- 600 009.
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M.SATHYANARAYANAN, J.,
AND
M.NIRMAL KUMAR, J.,
AP
WP.No.7473 of 2020
23.04.2020
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