Source – devdiscourse.com<\/p>\n\n\n\n
he\u00a0Madras High Court\u00a0has clarified that the\u00a0Tamil Nadu\u00a0government’s Labour department is the “appropriate authority” to handle industrial disputes between the Chennai Metro Rail Limited and its employees. “This court is inclined to declare that the\u00a0Tamil Nadu\u00a0Labour Department and its\u00a0authorities\u00a0are the appropriate\u00a0government\u00a0within the meaning of the Industrial Disputes Act,” Justice S M Subramaniam said on Friday while passing an order on the plea moved by the CMRL Employees Union seeking the clarification.<\/p>\n\n\n\n
According to the\u00a0petitioner, it is the only registered\u00a0union\u00a0of CMRL in which 247 of 248 permanent employees are members. The issue cropped up when CMRL started outsourcing works done by its permanent employees to private human resource companies at an amount much higher than the salary paid to the employees.<\/p>\n\n\n\n
To sort out the grievance, the\u00a0union\u00a0made a representation to the management of CMRL. Subsequently, seven office-bearers of the\u00a0union\u00a0were terminated from service by the management. When the\u00a0union\u00a0raised a dispute against the termination under the Industrial Dispute\u00a0Act\u00a0with the Labour department of the\u00a0Tamil Nadu\u00a0government, it refused to entertain the dispute and orally directed the\u00a0union\u00a0to approach the Centre’s Labour department on the ground that only the central\u00a0government\u00a0is the appropriate authority.<\/p>\n\n\n\n
However, when the\u00a0union\u00a0approached the Centre’s labor department on April 22 it issued a letter informing that only the state\u00a0government\u00a0concerned is the appropriate authority to entertain industrial disputes pertaining to CMRL. Challenging it, the\u00a0union\u00a0has moved the present petition.<\/p>\n\n\n\n
Disposing off the plea, the\u00a0judge\u00a0said the court has no hesitation in coming to the conclusion that the state labor department is the “appropriate government” within the definition of the\u00a0Act\u00a0and accordingly, the competent\u00a0authorities\u00a0of the department, have jurisdiction to entertain the conciliation proceedings and all other proceedings under the provisions of the Act.<\/p>\n