JUDGMENT

(Prayer:Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the 1st respondent in G.O.[D] No.397 dated 03.10.2008 and quash the same and consequently direct the 1st respondent to refer the charter of demand and the issue of strike to the Industrial Tribunal)

(1) This writ petition is filed by the petitioner, a Labour Union, challenging the order of the 1st respondent vide G.O.[D] No.397 dated 03.10.2008 refusing to refer the charter of demand to the Industrial Tribunal.

(2) Brief facts that are necessary for the disposal of this writ petition are as follows:-

(3) The petitioner is a Union registered under the Trade Unions Act, 1926. The petitioner states that the petitioner Union was originally named as Sri Balaji Cotton Mills Panjaalai Thozhilalar Sangam and the petitioner Union was affiliated with INTUC.

(4) The 2nd respondent is a Textile Mill with more than 100 workers. It is stated that the petitioner Union in which more than 31 workers of the 2nd respondent/Mill are members, placed a charter of demand for Variable Dearness Allowance, Bonus and other interim payments. Since