S. Mohan v. The Addl. Registrar Of Trade

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.14557 of 2004 and WMP. Nos.17253 & 17254 of 2004 S.Mohan

...Petitioner

Vs

1. The Additional Registrar of Trade Unions, Deputy Commissioner of Labour -I, Registrar of Trade Unions, DMS Campus, Tyenampet, Chennai - 600 006.

2. All India Overseas Bank Employees Union, rep. by its Secretary having its Administrative Office, at 763, Anna Salai, Chennai -2 and his office at Indian Overseas Bank Ashram Road, Branch, Ahamedabad - 380 009.

3. Indian Overseas Bank, represented by its Chairman & M.D.

763, Anna Salai, Chennai - 600 002.

4. The Regional Labour Commissioner (Central), Shastri Bhavan, Haddows Road, Chennai - 600 006.

5. The Secretary to the Government of India, Ministry of Labour, Shram Shakthi Bhavan, New Delhi - 110 001.

6. The Under Secretary to the Govt. of India, Ministry of Economic Affairs, Banking Division, New Delhi -110 001.

7. L.Balasubramanian

8. T.P.Gopal ....Respondents

(R8 impleaded as per Court order dated 16.09.2019 in M.P.No.48 of 2012 in W.P.No.14457 of 2004) Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice dated 03.05.2004 bearing Circular No.3/2004 and quash the same and direct the 1st and 3rd to 6th respondents to take action on the illegal activities of the second respondent union and the seventh respondent.

For Petitioner : Mr.K.A.Ravindran For Respondents : Mr.Lakshmanan for M/s.Iyer and Dolia for R2 Mr.S.Kanniah for R3 Mr.M.Perumbulavil Radhakrishnan for R8

O R D E R

This Writ Petition has been filed, seeking to quash the impugned notice dated 03.05.2004, bearing Circular No.3 of 2004, issued by the 2nd respondent, with a direction to the Respondents 1, 3 and 6 to take action on the illegal activities of the Respondents 2 and 7.

2. At the first blush, it is pertinent to mention here that the impugned notice was of the year 2004 and more than 16 years have gone-by. At this distant point of time, this Court is not inclined to go into the merits and demerits of the impugned notice and also its veracity. Moreover, the present Writ Petition is not maintainable, as the remedy lies to the petitioner before a different Forum.

3. In view of the above, finding no merits in the relief sought for, this Writ Petition is dismissed. No costs. Consequently connected miscellaneous petition are also closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dpq

To:

1. The Additional Registrar of Trade Unions, Deputy Commissioner of Labour -I, Registrar of Trade Unions, DMS Campus, Tyenampet, Chennai - 600 006.

2. The Regional Labour Commissioner (Central), Shastri Bhavan, Haddows Road, Chennai - 600 006.

3. The Secretary, Government of India, Ministry of Labour, Shram Shakthi Bhavan, New Delhi - 110 001.

4. The Under Secretary, Government of India, Ministry of Economic Affairs, Banking Division, New Delhi -110 001.

5. The Chairman & M.D., Indian Overseas Bank, 763, Anna Salai, Chennai - 600 002.

+1cc to Mr.Perumbulavil Radhakrishnan, Advocate, S.R.No.35529 W.P.No.14557 of 2004 SSI(CO) RGA(28/09/2021)