N.Nandulal v. Indian Oil Corporation Limited And 3 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 901 of 2020 ORDER:

This Writ Petition is filed for the following relief: "....to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in taking steps to create the post of Secretary for the State of Telangana on par with the State of Andhra Pradesh in the proposed elections to be held on 10.01.2020 along with the election for the three CEC Posts Pursuant to the election schedule dt. 30.12.2019 issued by the 4th respondent, in spite of the oral representations, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondents to create the post of Secretary in the State of Telangana on par with the State of Andhra Pradesh before the conduct of election for the three CEC Posts to be held on 10.01.2020."

Heard learned counsel for petitioner and Sri B.G. Ravinder Reddy, learned Standing Counsel for Indian Oil Corporation Limited appearing for respondent Nos.1 and 2. There is no dispute that the petitioner has sought relief against the fourth respondent - Indian Oil Employees Union (Southern Region), Chennai, which is a registered union under the provisions of the Trade Unions Act, 1926. Inasmuch as a registered Society/Trade Union does not fall within the definition of 'State', in terms of Article 12 of the Constitution of India, no writ would lie against the fourth respondent.

CKR, J W.P.No.901 of 2020 In those circumstances, this Writ Petition is dismissed. Miscellaneous Petitions, if any pending, shall stand dismissed. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J 10th JANUARY, 2020.

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