BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR, J
State General Secretary – Appellant
Versus
Deputy Commissioner of Labour, Office of Joint Commissioner of Labour, Dindigul District – Respondent
ORDER :
(R. VIJAYAKUMAR, J.)
The present writ petition has been filed by the General Secretary of a Trade Union challenging the order passed by the first respondent on 13.09.2024 and a consequential order dated 16.12.2024 wherein he had returned a petition filed under Section 2 (k) of the Industrial Disputes Act on the ground that only an application under Section 2 -A of the Industrial Dispute Act is maintainable.
2. One office bearer of the petitioner union, namely the treasurer and two frontline union activists were dismissed by the third respondent management. The union passed a resolution on 18.10.2023 to take up the cause of all three dismissed employees and to raise an industrial dispute.
3. Based upon the said resolution, the petitioner union presented an application under Section 2 (k) of the Industrial Disputes Act before the first respondent on 10.09.2024. The said application was returned by the first respondent on 13.09.2024 with a direction to file a fresh application under Section 2 -A of the Industrial Disputes Act . The union represented the said application to the first respondent requesting him to take cognizance of the industrial dispute. Again it was returned w
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The court held that a prior withdrawal of an application under Section 2A of the Industrial Disputes Act precludes a subsequent reference of the same dispute for adjudication.
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