IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.07.2010 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.26423 of 2009 Central organization of Tamil Nadu Water Supply and Drainage Board Employees represented by its General Secretary, No.27, Masoodhi Street, Chepauk, Chennai- 600 005. ... Petitioner Vs 1.The Secretary to Government, Labour and Employment (A1) Department, Fort St. Goerge, Chennai- 600 009. 2.The Management of Tamil Nadu Water and Drainage Board, 33, Kamaraj Salai, Chepauk, Chennai- 600 005. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus, call for the records relating to the impugned order dated 20.03.2009 passed by the first respondent in G.O.(D) No.163, Labour and Employment (A1) Department, quash the same and consequently, direct the first respondent to refer the dispute relating to payment of maximum bonus of 20% and exgratia of 5% for the year 2005-2006. For Petitioner : Mr.M.Muthupandian For Respondents : Mrs.Lita Srinivasan, Government Advocate for R1 Mrs.S.Sudharshana Sundar for R2 ORDER The petitioner is a Trade Union registered under the Trade Union Act. It is having substantial following among the workmen employed by the second respondent. The petitioner raised a dispute relating to bonus payable for the accounting year 2006-2007. They demanded 20% Bonus and 5% Ex gratia. According to the petitioner Union, the other State Agencies viz., Tamil Nadu Electricity Board, Transport https://hcservices.ecourts.gov.in/hcservices/ Corporations, Tamil Nadu Civil Supplies Corporation, Aavin and Tamil Nadu Poombukar Shipping Corporation and TAMIN have paid 20% bonus besides 5% ex gratia to their workmen. The petitioner took up the dispute before the Conciliation Officer. The conciliation ended in failure. Thereafter, the first respondent passed the impugned order in G.O.(D)No.163, Labour and Employment (A1) Department, dated 20.03.2009, declining to refer the dispute for adjudication by the Industrial Tribunal. The present writ petition has been filed to quash the aforesaid order and for consequential direction to the first respondent to refer the dispute for adjudication by the Industrial Tribunal. 2.Notice of motion was ordered. 3.Heard Mr.M.Muthupandian, learned counsel appearing for the petitioner, Mrs.Lita Srinivasan, learned Government Advocate appearing for the first respondent and Mrs.S.Sudharshanan Sundar, learned counsel for the second respondent. 4.The impugned order in this writ petition is the order of the first respondent declining to refer the industrial dispute relating to bonus for the year 2006-2007. The petitioner demanded 20% Bonus and 5% Ex gratia on the ground that the other agencies of the State viz., Tamil Nadu Electricity Board, Transport Corporations, Tamil Nadu Civil Supplies Corporation, Aavin and Tamil Nadu Poombukar Shipping Corporation and TAMIN had given 20% bonus and 5% Ex gratia to their workmen. The first respondent declined to refer the issue on the ground that the first respondent looked into the balance sheet and found that there was no justification for reference. It is stated that the financial condition is bad and therefore, the matter does not deserve reference. 5.It is well settled by a catena of decisions of this Court, including the decision in M/s.Shaw Wallace & Co. Ltd vs. State of Tamil Nadu (1987) 1 LLJ 177, wherein, the Division Bench of this Court held that the Government cannot adjudicate the matter while exercising its power under Section 10 of the Industrial Disputes Act. But in this case, the Government has really adjudicated the matter and found that the second respondent need not pay bonus as demanded by the petitioner's Union. It is not for the first respondent to decide the issue on merit. It is for the Industrial Tribunal to decide the same as held by the Division Bench of this Court referred to above. 6.Hence, the impugned order is quashed and the first respondent is directed to refer the Industrial Disputes relating to the bonus for the year 2006-2007 raised by the petitioner's Union against the second respondent for adjudication by the Industrial Tribunal, Chennai within a period of eight weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ Accordingly, this writ petition is allowed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar mps To 1.The Secretary to Government, Labour and Employment (A1) Department, Fort St. Goerge, Chennai- 600 009. 2.The Management of Tamil Nadu Water and Drainage Board, 33, Kamaraj Salai, Chepauk, Chennai- 600 005. 1 cc To Mr.M.Muthupandian, Advocate, SR.52949. 1 cc To Mr.Sudharshana Sundar, Advocate, SR.52548. W.P.No.26423 of 2009 MSM(CO) RVL 12.08.2010 https://hcservices.ecourts.gov.in/hcservices/