The Tamil Nadu State Government Labour Department is the “appropriate Government” within the definition of Section 2(a) of the Industrial Disputes Act, 1947 and accordingly, the competent authorities of the Tamil Nadu State Government Labour Department, are having jurisdiction to entertain the conciliation proceedings and all other proceedings under the provisions of the Industrial Disputes Act, 1947. Thus, the writ petitioner-Union is at liberty to approach the Tamil Nadu State Government Labour Department Authorities for the purpose of conciliation and to redress their grievances by following the procedures and the principles contemplated under the Statute and the Rules in force.

ORDER :

(Prayer: Writ Petition No.12931 of 2019 is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the Letter No.M.85(12)/2019-D1 dated 23.04.2019 issued by the fifth respondent and quashing the same and consequently, directing the fifth respondent to initiate conciliation proceedings based on the petitioner Union’s notice of strike dated 22.04.2019.

Writ Petition No.26995 of 2009 is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Prohibition, prohibiting the first and second respondents from implementing the provisions of Contract Labour (Regulation and Abolition) Act, against the petitioner.)

The lis on hand (WP No.12931 of 2019) is filed to quash the order passed by the fifth respondent in proceedings dated 23.04.2019 and to direct the fifth respondent to initiate conciliation proceedings based on the petitioner-Union’s notice of strike dated 22.04.2019.

2. The writ petitioner in WP 12931 of 2019 is the CMRL Employees Union represented by its General Secretary. The sixth respondent/Chennai Metro Rail Limited, ten years back filed WP No.26995 of 2009, challenging the show cause notice issued to the Chennai Metro Rail Limited under The Contract Labour (Regulation and Abolition) Act, 1970 by the fifth respondent and on the ground that only Labour Authorities of the State Government have the jurisdiction. Thus, the writ petitioner-Union filed WP No.12931 of 2019, raising the issue whether the Chennai Metro Rail Limited and the Union will come under the State Authorities of the Labour Department or the Ministry of Labour and Employment, Government of India.

3. The earlier show cause notice issued by the Central Labour Department was challenged by the Chennai Metro Rail Limited and the current order dated 23.04.2019, issued by the Deputy Chief Labour Commissioner (Central) is under challenge in WP No.12931 of 2019. Thus, the common issue raised is that, in respect of the workmen serving in the Chennai Metro Rail Limited whether the State Labour Department has got jurisdiction or the Ministry of Labour and Employment, Government of India, is having the jurisdiction and before which authority these workmen have to raise their disputes, grievances etc.

4. On account of this confusion, the CMRL Employees Union filed WP No.12931 of 2019, challenging the order dated 23.04.2019, which states that the Central Labour Commissioner is not in a position to entertain conciliation proceedings on the strike notice dated 22.04.2019, due to the operation of stay granted by this Court in WP No.26995 of 2009 filed by the Chennai Metro Rail Limited against Deputy Chief Labour Commissioner (Central), Chennai.

5. The short facts required to be considered are that out of 248 permanent employees of the Chennai Metro Rail Limited, 247 employees joined together and formed the writ petitioner-Union on 01.10.2018. On 22.10.2018, the writ petitioner-Union sent a letter to the sixth respondent, seeking appointment. The writ petitioner-Union is a registered Union under the Trade Union Act, 1926, with the Registration No.516/TVR. On 21.10.2018, the writ petitioner-Union gave a representation to the sixth respondent, listing out the grievances and demands of the employees. On 29.11.2018, the writ petitioner-Union sent a letter to the sixth respondent, expressing their grievances over outsourcing the position of Station Controllers/Station In-charge.

6. The sixth respondent issued orders of suspension to all the seven Office Bearers of the writ petitioner-Union on 03.12.2018 and consequently, memorandum of charges were issued against the seven Office Bearers of the writ petitioner-Union on 10.12.2018. All the seven Office Bearers filed writ petitions, challenging the order of suspension on 12.12.2018. Under these circumstances,