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Swadeshi Panchalai Thozilalar Urimai Padukappu Sangam, Puducherry Rep. by its President K. Mohandass & Another v/s The Secretary Industries and Commerce Government of Puducherry, Puducherry & Others


Company & Directors' Information:- SANGAM (INDIA) LIMITED [Active] CIN = L17118RJ1984PLC003173

Company & Directors' Information:- INDIA E-COMMERCE LIMITED [Active] CIN = L99999MH1968PLC014091

Company & Directors' Information:- S H COMMERCE PRIVATE LIMITED [Active] CIN = U51109WB2008PTC121420

Company & Directors' Information:- A. M. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2011PTC168744

Company & Directors' Information:- SWADESHI COMMERCE PRIVATE LIMITED. [Active] CIN = U51109WB2008PTC121990

Company & Directors' Information:- G S E-COMMERCE PRIVATE LIMITED [Active] CIN = U52100KA2013PTC067567

Company & Directors' Information:- SANGAM LIMITED [Strike Off] CIN = U70101DL1979PLC009715

Company & Directors' Information:- V K COMMERCE PVT LTD [Amalgamated] CIN = U51109WB1984PTC037122

Company & Directors' Information:- P. R. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2008PTC122333

Company & Directors' Information:- M & P E. COMMERCE PRIVATE LIMITED [Active] CIN = U74300DL1999PTC099198

Company & Directors' Information:- R S COMMERCE PVT LTD [Converted to LLP] CIN = U51909WB1995PTC074372

Company & Directors' Information:- P S COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB1997PTC084487

Company & Directors' Information:- SWADESHI INDUSTRIES LTD [Strike Off] CIN = U51909WB1936PLC008800

Company & Directors' Information:- T S R I COMMERCE PRIVATE LIMITED [Strike Off] CIN = U65910TG1999PTC032173

Company & Directors' Information:- AND E-COMMERCE PRIVATE LIMITED [Active] CIN = U74120AP2015PTC096206

Company & Directors' Information:- D B S COMMERCE PRIVATE LIMITED [Active] CIN = U52190MH2009PTC190773

Company & Directors' Information:- A P COMMERCE LIMITED [Strike Off] CIN = U51909WB1981PLC033798

Company & Directors' Information:- K P INDIA COMMERCE PRIVATE LIMITED [Strike Off] CIN = U51909AS2001PTC006701

Company & Directors' Information:- Y S E-COMMERCE PRIVATE LIMITED [Active] CIN = U72200MH2000PTC126344

Company & Directors' Information:- B AND D E-COMMERCE PRIVATE LIMITED [Strike Off] CIN = U74999HP2015PTC000945

Company & Directors' Information:- I P E-COMMERCE PRIVATE LIMITED [Active] CIN = U52399CH2012PTC033585

Company & Directors' Information:- COMMERCE & INDUSTRIES LTD [Strike Off] CIN = U51109WB1958PLC023756

    W.P.Nos. 5360 & 5365 of 2021 & W.M.P.Nos. 5958, 5953, 5954 & 5957 of 2021

    Decided On, 27 April 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN

   



Judgment Text

(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.

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.)

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.

2. 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.

3. 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.

4. 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

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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".
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