W.P.No.31740 of 2013 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.02.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.31740 of 2013 and M.P.No.1 of 2013 The Management, M/s.Arcelor Mittal Dhamm Processing Pvt. Ltd., S-3, S-10, Phase III, SIPCOT Industrial Complex, Muguntharayapuram Post, Ranipet, Vellore – 632 405, Represented by L.Manikandan, Head – HR & IR ... Petitioner Vs. 1.The Presiding Officer, Principal Labour Court, Vellore District. 2.Fiveman Committee, Arcelor Mittal Dhamm Processing Pvt. Ltd., Rep. By Tr.Babu, Secretary, No.516 (Old No.1/78), Pilliyarkoil Street, Pulliyakannu Village, Karai Post, Ranipet, Vellore District. 3.M/s.Aparajitha Dynamic Synergies Pvt. Ltd., Contractor, No.83/41, Kottapatti Enclave, Cutchery Road, Mylapore, Chennai – 600 004. Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.31740 of 2013 4.M/s.Adecco Flexione Work Force Solution Pvt. Ltd., Contractor, Peeble One Hills, Plot No.17, S.T. Flat 80 beat Road, Koramangala, Bangalore – 560 034. 5.Sri Ayyappan Enterprises, 329, Rajiv Gandhi Nagar, SIPCOT, Ranipet, Vellore – 632 403, Rep. by its Manager ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records and quash the order dated 28.10.2013 passed in I.A.No.162 of 2013 in I.D.No.5 of 2013 by the 1st respondent, Presiding Officer, Principal Labour Court, Vellore. For Petitioner : Mr.C.Manohar Gupta for M/s.Gupta and Ravi For Respondents : Tribunal [R1] Not Ready Notice [R2 to R4] ***** ORDER This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorari, to call for the records and quash the order dated 28.10.2013 passed in I.A.No.162 of 2013 in I.D.No.5 of 2013 by the 1st respondent, Presiding Officer, Principal Labour Court, Vellore. Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.31740 of 2013 2. The case of the petitioner is that, it is a company engaged in steel processing for use in power and yellow goods industry and the steel processing is a complex technology involving highly technical operations before various final produces are derived. Manpower for these technical operations are required with specific skill sets that are not easily available in the vicinity of SIPCOT Ranipet. Hence, the petitioner has to engage various contractors to provide manpower with such technical expertise. The petitioner in course of business entered a contract with the respondents 3 to 5 for supply of manpower to the petitioner management, who are members of the 2nd respondent. Whileso, the 2nd respondent raise a dispute seeking regularization in I.D.No.5 of 2013, in which, the 2nd respondent also filed an Interlocutory Application u/s 11(A) of the ID Act in I.A.No.162 of 2013 in I.D.No.5 of 2013 seeking direction to produce the following documents (i) leave cards of workmen from the year 2008 onwards, (ii) gate passes of workmen from the year 2008 onwards, (iii) electronic punch cards from the year 2008 onwards, (iv) master rolls from the year 2008 onwards, (v) over time card from the year 2008 onwards and (vi) orders issued for confirmation of permanent workmen. Before the Labour Court, the petitioner/management specifically took a plea that all those document were not available with Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.31740 of 2013 them, however, the Labour Court also allowed the said I.A., directing the petitioner to produce all the documents vide order dated 28.10.2013. Challenging the same, the present writ petition is filed. 3. Though very many grounds have been raised in this writ petition, however, at the time of arguments, learned counsel appearing for the petitioner restricted his prayer and sought permission of this Court to produce the documents which are available with them before the Labour Court and whatever the documents which are not available with the petitioner, the same may be intimated to the Labour Court by way of memo and this Court, may issue a direction to the Labour Court to draw adverse inference for non-production of documents and dispose of the I.D. within a reasonable time that may be stipulated by this Court. Accordingly, he prays for appropriate orders. 4. In view of the limited request sought for by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned order, permits the petitioner to produce all the documents, which are directed by the Labour Court in I.A.No.162 of 2013 vide order dated 28.10.2013 and if any of the document is not available, the Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.31740 of 2013 petitioner is directed to file a memo to that extent, enabling the Labour Court to draw adverse inference against the petitioner or the independent contractor, within a period of two weeks from the date of receipt of a copy of this order. Upon production, the Labour Court is directed to dispose of the dispute in I.D.No.5 of 2013, within a period of six (6) months thereafter. 5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 27.02.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp To The Presiding Officer, Principal Labour Court, Vellore District. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.31740 of 2013 M.DHANDAPANI, J. sp W.P.No.31740 of 2013 27.02.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis