K. Elumalai vs The Managing Director and The General Manager, Sri Bharathi Mills, (A unit of National Textile Corporation Ltd.)

Vinod K. Sharma, J.—The Petitioner has approached this Court with the prayer for issuance of a writ in the nature of Certiorari for

quashing the impugned order dated 09.06.2010, vide which, a decision has been taken to implement the 1992-1994 Employment Burden

Settlement regarding the Line-on promotion procedures accepted by the parties, to be in force.

The translated copy of the impugned order dated 09.06.2010 reads as under:

SWADESI-BHARATHI MILLS LIMITED

On the advice given by the Hon''ble Chief Minister of Puducherry to the Swadesi-Bharathi Mills and the Labour Unions functioning in the Mills on

20.04.2010, the two parties conducted talks and failed to come to a conscience effect to the implementation of Employment burden contract

entered into between two mills in the year 1992-94. The Management also came to know that there are difference of opinion between Labour

Unions with regard to this.

At the same time, the Management cannot continuously permit the non-implementation of Employment Burden contract, which should be

implemented as per law and principles of natural justice and economic measures.

The Management decided to fully implement the 1992-94 Employment burden contract as per the thinking of Puducherry Government and as per

the Mills Management principles. To facilitate this, the details of employment burden/required staff and each employee''s job-category, duties and

responsibilities starting from Mixing to Cone Packing category will be pasted along with this notice.

Further the Management decided to implement the 1992-94 Employment Burden Settlement and the Line-on promotion procedures accepted by

the two parties, which is on force till now.

Considering the welfare of the Mill each and every one of the employees and their Labour unions are requested to operate the machines with the

employees on roll and to co-operate with the measures taken by the Mill in this regard for increasing the production.

Further, Members are requested to hold talks with the management and come to conclusion with regard to Chitra Report dated 05.05.2010 given

by the management to the members of the Employment burden Group. It is also advised that the aforesaid Chitra Report the amended

Employment Category will be implemented at the time of servicing/modernizing the machines.

This Notice will come into effect from 14.06.2010.

It has been pointed out by the learned Counsel for the Respondents that the Petitioner has raised Industrial Dispute, with regard to subject

matter, raised in the writ petition. In view of the fact that conciliation proceedings, under the Industrial Dispute, are pending, this writ petition is not

competent.

The writ petition is dismissed, being not competent, as the Petitioner is prosecuting his remedy under the Industrial Dispute Act. No costs.

Consequently, connected miscellaneous petitions are closed.