P.Prabakaran v. The Director

IN THE HIGH COURT OF JUDIATURE AT MADRAS

DATED:02.04.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7368 of 2018 and W.M.P.No.9151 of 2018 P.Prabakaran ..Petitioner vs 1.The Director, Head Quarters, Chairman(Membership Verification Committee), Chennai - 600 002.

2.The Chief Postmaster General, Tamil Nadu Circle, Chennai - 600 002.

3.The Senior Manager, Mail Motor Service, No.37, Greams Road, Chennai - 600 006.

4.The General Secretary, All India RMS & MMS Employees Union Group-C, NFPE-R3, 17/4-C, P & T Colony, Kalibari Marg, New Delhi - 110 001.

5.Mr.R.Rajendran, M.V.Mechanic, Divisional Secretary, All India RMS & MMS Employees Union Group-C, NFPE-R3, Mail motor Service, No.37, Greams Road, Chennai - 600 006.

6.The Divisional President, All India RMS & MMS Employees Union Group-C, NFPE-R3, Mail Motor Service, No.37, Greams Road, Chennai - 600 006.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to accept the membership verification

form submitted by the petitioner based upon the acceptance letter dated 12.05.2017 forwarded by the fourth respondent to the respondents 3 & 5 who are competent to accept the same and thereby permit the petitioner to participate in the Divisional Conference(Election) of Mail Motor service at Chennai for the All India RMS & MMS Employees Union Group-C for the year 2018. For Petitioner : M/s.K.Senthilkumar

O R D E R

The learned counsel for the petitioner contended that the rights of the petitioner to participate in the Union Elections are involved and therefore, the writ petitioner has chosen to file the present writ petition.

2.However, it is admitted that the disputes are relating to the Union Elections and the rights of its members. The respondent Association being not a State within the meaning of Article 12 of the Constitution of India, no writ can be entertained against the Union/Association. At this juncture, the learned counsel appearing on behalf of the writ petitioner has chosen to withdraw the writ petition and requested for a liberty to move the appropriate Court of law for redressal of the grievances of the writ petitioner. Liberty is granted to approach the appropriate forum.

3.Accordingly, the writ petition stands dismissed as withdrawn. No Costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kak To 1.The Director, Head Quarters, Chairman(Membership Verification Committee), Chennai - 600 002.

2.The Chief Postmaster General, Tamil Nadu Circle, Chennai - 600 002.

3.The Senior Manager, Mail Motor Service,No.37, Greams Road, Chennai - 600 006.

SM:9.4.2018 W.P.No.7368 of 2018