C. Sundaram v. State of Tamil Nadu Rep. by its Secretary to Government Department of Labour and Employment, Chennai
2019-02-18
ABDUL QUDDHOSE
body2019
DigiLaw.ai
JUDGMENT : 1. The instant writ petition has been filed for a mandamus to direct the third respondent to consider the representation of the petitioner dated 28.11.2016 requesting the third respondent not to allow the fourth respondent to alienate the properties or remove the machineries from the fourth respondent Mill. 2. It is the case of the petitioner Union that 98 permanent employees and 40 temporary employees were working in the fourth respondent Mill. According to the petitioner, nearly 68 employees of the fourth respondent Mill are members of the petitioner Union. 3. It is the case of the petitioner that the fourth respondent failed to remit the EPF Contribution of its employees. 4. According to the petitioner, all of a sudden on 02.08.2015, the fourth respondent Mill was closed without proper notice to its employees. It is also the case of the petitioner that the fourth respondent has also defaulted in repayment of loan to Indian Overseas Bank which has now taken possession of the fourth respondent Mill and they are attempting to bring the properties belonging to the fourth respondent in auction and realize their dues. 5. It is also the case of the petitioner that no bidder has come forward to buy the movable and immovable assets including machineries in the auction conducted by the Bank. 6. It is also the case of the petitioner that the fourth respondent is trying to stealthily remove the machineries from the fourth respondent Mill illegally. Therefore, the petitioner has given a representation dated 28.11.2016 to the third respondent not to allow the fourth respondent to alienate or remove the assets from the fourth respondent Mill including the machineries. 7. It is the case of the petitioner that till date, the third respondent has not considered the representation dated 28.11.2016 submitted by the petitioner to prevent the unlawful removal of movable and immovable assets including the machineries belonging to the fourth respondent Mill and if it is removed, it will be detrimental to the interest of the petitioner as well as other employees. 8. Heard the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for the respondents 1 to 3. 9. Since the relief sought for in this writ petition is an innocuous relief, it will not prejudice the rights of the fourth respondent.
8. Heard the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for the respondents 1 to 3. 9. Since the relief sought for in this writ petition is an innocuous relief, it will not prejudice the rights of the fourth respondent. It is not necessary that the fourth respondent should be heard for the disposal of this writ petition. 10. As seen from the averments contained in the writ petition about 68 employees were working in the fourth respondent Mill. It is the case of the petitioner Union that the fourth respondent is unlawfully attempting to remove the machineries from the fourth respondent Mill, for which, they have given a representation dated 28.11.2016 to the third respondent calling upon them to prevent the unlawful removal of the machineries. 11. The prayer sought for in this writ petition is only to dispose of the representation submitted by the petitioner on 28.11.2016 in accordance with law. The prayer sought for is an innocuous prayer and will not prejudice the interest of any of the respondents. 12. In the result, this Court directs the third respondent to consider the petitioner's representation dated 28.11.2016 requesting them not to allow the fourth respondent to remove the assets including the machineries from the fourth respondent Mill and also directing them not to alienate the said assets. Since the representation dated 28.11.2016 is a very old representation, the petitioner is directed to give a fresh representation along with this order. On receipt of the fresh representation, the third respondent is directed to dispose of the representation in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.