The commissioner of the labor department of Tamil Nadu was slammed by the Madras High Court on Tuesday. The commissioner had issued an order for the closure of a mill in the state. The action was taken by the IAS officer under section 25(O) of the Industrial Disputes Act, 1947.
The petitioner challenged this closure order through writ petitions.
Justice S.VAIDYANATHAN after listening to advocate on behalf of the petitioner directed the government as well as the commissioner to file an affidavit stating the notice sent to the owners of the mill, dates of hearings conducted, pleadings filed by the Management and Union, documentary and verbal evidence which led to the issuance of notice for closure of the Mill.
The HC slammed the commissioner by saying that if the affidavit is not filed then this Court will have to take serious note of the same and pass adverse orders/remarks against the Secretary, who is an IAS Officer, including stripping off his IAS post.
Justice S. Vaidyanathan also taunted the Govt. by saying “The Government must ensure that honest officers are appointed in sensitive posts, who are capable of exercising quasi–judicial duties and certainly not conferred IAS.”
The HC also ensured that the commissioner does face any prejudice by making him a responding party and allowed him to put forth his say before the court. Accordingly, Thiru.E.Vallavan, I.A.S., The Secretary to Government (Industries and Commerce), Chief Secretariat, was suo moto impleaded as 6th Respondent in his individual capacity to the Writ Petitions.
The petitions have been listed for orders on 29th April 2021.