Workmen Of Tamil Nadu State v. Cheran Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.16339 of 2012 Workmen of Tamil Nadu State Transport Corporation (Coimbatore Region) through its General Secretary Cheran Pokkuvarathu Kazhagam Thozhilalar Munnetra Sangam, Regn. No. 444/CBE, Affiliated to Labour Progressive Federation (affiliation No. 329), 37 B, Mettupalayam Road, Coimbatore - 641 043.

... Petitioner -vs1. Cheran Transport Corporation Employees Provident Fund Trust, 37, Mettupalayam Road, Coimbatore - 641 043.

2. Tamil Nadu State Transport Corporation (Coimbatore Region), Rep. by its Managing Director, 37, Mettupalayam Road, Coimbatore - 641 043.

3. S. Devarajan

4. The Regional Provident Fund Commissioner, Royapettah, Chennai - 600 014.

... Respondents Prayer:- Writ Petition filed under Section 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First, Second and Fourth Respondents herein to act strictly in conformity with para 79(c) of Employees Provident Fund Scheme, 1952, and in particular not to induct any person as member of Board of Trustees of the First Respondent to represent the workers in the trust in violation of the aforesaid paragraph of Employees Provident Fund Scheme.

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For Petitioner :

Ms. Asma Sultana for Mr. K.Sudalaikannu For Respondents :

No appearance (for R1 and R3) Mr. A.Sundaravadhanan (for R2) Mr. V.Sundareswaran, Standing Counsel (for R4)

O R D E R

(through video conference) Learned Counsel for the Petitioner has filed a memo dated 27.09.2021, which reads as follows:- "1.

The Petitioner does not press the above Writ Petition and the same may be dismissed as withdrawn and it is further prayed that the question of law may be however kept open."

In view of the same, the Writ Petition is dismissed as withdrawn. It is made clear that no view has been expressed by this Court on the merits of the controversy involved and that the Petitioner is not precluded from raising legal contentions made in this Writ Petition, if such occasion arises later. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vjt/skr To

1. The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore Region), 37, Mettupalayam Road, Coimbatore - 641 043.

2. The Regional Provident Fund Commissioner, Royapettah, Chennai - 600 014.

W.P. No. 16339 of 2012 PA(CO) PM/01/10/2021 https://hcservices.ecourts.gov.in/hcservices/