IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.03.2011 CORAM: THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P. No.14717 of 2010 and M.P.Nos.1 & 2 of 2010 K.Elumalai .. Petitioner. Vs. 1. The Managing Director, Sri Bharathi Mills, (A unit of National Textile Corp. Ltd) Union Territory of Puducherry Puducherry -4. 2. The General Manager, Sri Bharathi Mills, (A unit of National Textile Corp. Ltd) Union Territory of Puducherry Puducherry -4. .. Respondents. Writ petition is filed under Article 226 of Constitution of India for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records in connection with the order dated 09.06.2010 on the file of the first respondent and quash the same and consequently, direct the respondents to permit the petitioner to continue as Basket Carrier in the respondents mill with all consequential service and monetary benefits. For Petitioner : Mr.M.A.Abdul Wahab For Respondents : Ms.V.Mala O R D E R 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. https://hcservices.ecourts.gov.in/hcservices/ 2. 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. https://hcservices.ecourts.gov.in/hcservices/ This Notice will come into effect from 14.06.2010." 2. 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. 3. 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. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ar To 1. The Managing Director, Sri Bharathi Mills, (A unit of National Textile Corp. Ltd) Union Territory of Puducherry, Puducherry -4. 2. The General Manager, Sri Bharathi Mills, (A unit of National Textile Corp. Ltd) Union Territory of Puducherry,Puducherry -4. + 1 cc to Mr. M.a. Abdul Wahab, Advocate SR.15494 + 1 cc to Senior Government Pleader sR.15571 W.P. No.14717 of 2010 NSM(CO) Eu 17.3.11 https://hcservices.ecourts.gov.in/hcservices/