O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for records in connection with the Certified Standing Order dated 04.12.2015 passed by the first respondent in Standing Orders Case File No.B/4522/2013 and quash the same and direct the first respondent to reopen the proceedings and provide opportunity to both parties to let in evidence.

2.The case of the petitioner is that the second respondent is a Multinational Company and it manufactures automobile spare parts. The petitioner is the only recognized union functioning in the second respondent factory. The second respondent Management filed its draft Standing Order before the Certifying Officer under the Industrial Employment (Standing Orders) Act, Office of the Commissioner of Labour, Chennai and vide letter dated 25.10.2013, informed the petitioner to take notice of the same and to submit its objections.

3.The further case of the petitioner is that the petitioner sought time to give its objections and the same was rejected by the Authority and hence the petitioner filed W.P.No.13638 of 2014 seeking direction to the first respondent to afford reasonable opportunity to the petitioner to file its objections to the draft Standing Orders and hear the parties before proceeding any further with regard to the certification of the draft Standing Orders and this Court vide order dated 08.07.2015 allowed the writ petition, pursuant to which, the petitioner filed its objections on 05.10.2015 and the second respondent Management filed its reply on 12.10.2015, for which, the petitioner filed its reply on 26.10.2015, however, without considering the same, the first respondent passed the impugned order. Hence this writ petition.

4.The learned counsel appearing for the petitioner submitted that the issue involved in this writ petition is no longer res integra. Similar issue has already been elaborately considered by this Court in W.P.No.28785 of 2018 [United Labour Federation rep. by its Secretary Vs. The Joint Commissioner of Labour, Certifying Officer under the Industrial Employment (Standing Orders)

Act] dated 22.02.2019, wherein, this Court allowed the said writ petition and remitted the matter back to the first respondent therein for fresh consideration in terms of Section 5 (2) of The Industrial Employment (Standing Orders) Act, 1946.

5.The learned counsel appearing for the second respondent submitted that the second respondent Management filed its draft Standing Order before the Certifying Officer under the Industrial Employment (Standing Orders) Act, Office of the Commissioner of Labour, Chennai during October, 2013. Thereafter, the Certifying Officer held hearing on various dates, however, the petitioner filed W.P.No.13638 of 2014 claiming that the petitioner was not given adequate opportunity and pursuant to the order of this Court dated 08.07.2015 made in the said writ petition, the petitioner filed its objections and in response the second respondent Management filed its reply, for which, the petitioner again filed its objections and after considering all the above, the first respondent certified the Standing Orders on 04.12.2015.

6.The learned counsel appearing for the second respondent further submitted that as per Section 7 of The Industrial Employment (Standing Orders) Act, Standing Orders shall, unless an appeal is preferred under Section 6 of the Act, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under Section 5 (3) of the Act, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the Appellate Authority are sent under Section 6 (2) of the Act.

7.The learned counsel appearing for the second respondent further submitted that pursuant to the certification, in accordance with Section 7 of The Industrial Employment (Standing Orders) Act, the certified Standing Orders were brought into force o