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Madras High CourtWP/646/2023disposed of

A.Saravanan v. The Government Of Tamil Nadu

2024-06-06Honourable The Acting Chief Justice,Honourable Mr Justice Mohammed Shaffiq10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.646 of 2023:

A.Saravanan .. Petitioner Vs 1 The Government of Tamil Nadu Rep. by its Principal Secretary Labour and Employment Department Fort St. George, Chennai 600 009.

2 The Commissioner of Labour DMS Compound Teynampet Chennai - 600 006.

3 The Deputy Commissioner of Labour Head Office Office of the Commissioner of Labour V Floor, Teynampet Chennai - 600 006.

4 Tamil Nadu Generation And Distribution Corporation Ltd Rep. by its Chairman Cum Managing Director No.144, Anna Salai Chennai - 600 002.

5 The Chief Engineer (Personnel) Tamil Nadu Generation And Distribution Corporation Ltd No.144, Anna Salai Chennai - 600 002 6 Centre of Tamil Nadu Electricity Employees Rep. by its General Secretary No.27, Mosque Street Chepauk, Chennai - 600 005.

7 The Tamil Nadu Electricity Card Billing Staff Union Represented by its General Secretary No.4, TNEB Avenue, No.144, Anna Salai Chennai - 600 002.

8 The Tamil Nadu Electricity Board Accounts and Executive Staff Union, rep. by its General Secretary Hall No.7, M.L.D.C Building, Electricity Board Avenue No.144, Anna Salai, Chennai - 600 002.

9 Tamil Nadu Electricity Board Employees' Federation Rep. by its General Secretary 39/101, Singanna Street, Chindadripet Chennai - 600 002.

10 Tamilnadu National Electricity Workers Federation Rep. by its General Secretary No.52, Dr. Subbarayhan Road Salem.

11 Tamilnadu Electricity Board Janata Employees Union Rep. by its General Secretary No.5 MLDC Building, 144, Anna Salai Chennai - 600 002.

12 Tamilnadu Electricity Workers' Federation Rep. by its General Secretary VGR House, 92, Guruvappa Street Chennai - 600 002.

13 Anna Trade Union (Electricity Division) Rep. by its General Secretary 144, Anna Salai Chennai - 600 002.

14 Tamilnadu National Electricity Workers Federation Rep. by its General Secretary No.18, Ellaiyamman Koil Street West Mambalam, Chennai - 600 033.

15 Tamilnadu Thozhilalar Porivalar Aykkia Sangam Rep. by its General Secretary Room No.6, Electricity Board Avenue No.144, Anna Salai, Chennai - 600 002.

16 Tamil Nadu Power Engineers' Organization Rep. by its General Secretary No.27, Mosque Street, Chepauk Chennai - 600 005.

.. Respondents W.P.No.724 of 2023:

J.Elumalai .. Petitioner Vs 1 The State of TamilNadu Rep. by its Principal Secretary, Department of Labour and Employment, Secretariat, Chennai - 600 001.

2 The Commissioner of Labour DMS Compound, Teynampet, Chennai - 600 006.

3 The Deputy Commissioner of Labour O/o. Commissioner of Labour , 5th Floor, Teynampet, Chennai - 600 006.

4 The Tamil Nadu Generation and Distribution Corporation Limited Rep. by its Chairman cum Managing Director, 806 Anna Salai, Chennai - 600 002.

5 The Tamil Nadu Electricity Board Employees Federation Rep. by its General Secretary, 39/101 , Singanna Street, Chindadripet, Chennai - 600 002.

6 The Centre for Tamil Nadu Electricity Employees Rep. by its General Secretary, 27 Mosque Street, Chepauk, Chennai - 600 005.

7 The Anna Trade Union (Electricity Division) Rep. by its General Secretary, 144, Anna Salai, Chennai - 600 002 8 The Tamil Nadu Thozhilalar Porivalar Aykkia Sangam, Rep. by its General Secretary, Room no. 6, Electricity Board Avenue, 144, Anna Salai, Chennai - 600 002.

9 The Tamil Nadu Electricity Card Billing Staff Union, Rep. by its General Secretary, No.4, TNEB Avenue, 144, Anna Salai, Chennai - 600 002.

10 The Tamil Nadu Electricity Board Janata Employees Union, Rep. by its Secretary, Room No. 5, MLDC Building, 144, Anna Salai, Chennai - 600 002.

11 The Tamil Nadu Electricity board Accounts and Executive Staff Union, Rep. by its General Secretary, Room No. 7, MLDC Building, Electricity Avenue, 144 Anna Salai, Chennai - 600 002.

12 The Tamil Nadu National Electricity Workers Federation, Rep. by its General Secretary, 18, Ellaiyammal Koil Street, West Mambalam, Chennai - 600 033.

13 The Tamil Nadu Electricity Workers Federation Rep. by its General Secretary, VGR House, 92 Guruvappa Street, Chennai - 600 002.

14 The Tamil Nadu Power Engineers Organization, Rep. by its General Secretary, 27 Mosque Street, Chepauk, Chennai - 600 005 15 The Tamil Nadu National Electricity Workers Federation, Rep. by its General Secretary, 52 Dr. Subbarayan Road, Salem - 636 001.

.. Respondents Prayer in W.P.No.646 of 2023: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the members of the Respondent 6 to 16 from proceeding with the illegal strike on 10.01.2023 or on subsequent dates and indulging in any mode of agitation either within or out of the premises, or in the vicinity of the installation of the Fourth

respondent Corporation, being a public utility service, which disrupts or has the potential to disrupt the generation and supply of electricity by the said Corporation or preventing by threats, intimidation or otherwise, free ingress and egress to the willing workers/officers/executives of the fourth respondent Corporation, being a public utility service, for attending to their work/shift/duty or otherwise.

Prayer in W.P.No.724 of 2023: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the office bearers and the members of the respondents 5 to 15 from going on for an illegal strike from 10.01.2023 or on a later date in and around the office premises of the TANGEDCO which being a public utility service to disrupt the general and supply of electricity. W.P.No.646 of 2023:

For the Petitioner : Mr.S.Thirumurugan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 3 : Mr.D.R.Arunkumar for respondent No.4 : Mr.V.Subramani for respondent Nos.6 and 16 : Mr.A.R.Suresh for respondent No.8 : Mr.V.Ajoy Khose for respondent No.15 : No appearance for respondent No.11

W.P.No.724 of 2023:

For the Petitioner : Ms.M.Adhishree for Mr.N.Manoharan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 3 : Mr.D.R.Arunkumar for respondent No.4 : Mr.C.K.Chandrasekar for respondent No.8 : Mr.A.R.Suresh for respondent No.11 : Mr.V.Subramani for respondent Nos.6 and 14 : Mr.V.Ajoy Khose for respondent No.15 COMMON ORDER (Order of the Court was made by the Hon'ble Acting Chief Justice) Learned counsel appearing for the petitioners in both the writ petitions submit that the prayer made in these writ petitions has become infructuous. Endorsements to that effect have also been made.

In view of the above, these writ petitions are dismissed as infructuous. There shall be no order as to costs. Consequently, W.M.P.Nos.588 and 662 of 2023 are closed.

(R.M.D., ACJ.) (M.S.Q., J.) 06.06.2024 Index :

Yes/No NC :

Yes/No sasi

To:

1 The Principal Secretary Government of Tamil Nadu Labour and Employment Department Fort St. George, Chennai 600 009.

2 The Commissioner of Labour DMS Compound Teynampet Chennai 600 006 3 The Deputy Commissioner of Labour Head Office Office of the Commissioner of Labour V Floor, Teynampet Chennai 600 006 4 The Chairman Cum Managing Director Tamil Nadu Generation And Distribution Corporation Ltd No.144, Anna Salai Chennai 600 002 5 The Chief Engineer (Personnel) Tamil Nadu Generation And Distribution Corporation Ltd No.144, Anna Salai Chennai 600 002

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

(sasi) 06.06.2024