Agila India Minvariyam v. The Management Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.34829 of 2005 and W.M.P.No.37712 of 2005 Agila India Minvariyam Kanakkeetalar Mattrum Panam Vasulippavargal Sangam, (Reg.No.896-MDS), Rep. by its General Secretary, T.Ganesan, 54/18, Koya Arunagiri first street, Mirsahibpet, Chennai - 600 014.

...Petitioner

-Vs1. The Management of Tamilnadu Elecrticity Board, Rep. by its Chairman, NPKRR Maaligai, 800, Anna Salai, Chennai 600 002.

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

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, prayed to issue a Writ of Mandamus directing the first respondent to include and invite the petitioner Sangam also in all the talks, negotiations, settlements, or any workers' issues in the Board. For Petitioner :

Mr.S.Periyaswami For R1 :

Mr.P.Subramanian For R2 :

Mr.S.Arumugham, Government Counsel

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

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2. The petitioner, who has filed the present writ petition in 2005, was aggrieved, since the first respondent had not invited their union during the negotiation talks.

3. Fifteen years have passed since the petition was filed and the intensity of the grievance that existed at that point of time, may not be the same as on date. In this context, if the petitioner is granted liberty to approach the first respondent herein with a fresh representation ventilating their grievances, with a consequential direction to the first respondent to consider the same within a stipulated time, the ends of justice could be secured.

4. In the light of the above observation, the writ petition stands closed with liberty to the petitioner to give a fresh representation to the first respondent ventilating their grievances and on receipt of the same, the first respondent shall consider it on its own merits and pass appropriate orders, within a period of 12 weeks from the date of receipt of such representation. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar hvk/ata To 1.The Chairman, Tamilnadu Electricity Board, NPKRR Maaligai, 800 Anna Salai, Chennai 600 002.

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

+1cc to Mr.P.Subramanian, Advocate Sr No.51882 +1cc to the Government Pleader Sr No.52426 W.P.No.34829 of 2005 and W.M.P.No.37712 of 2005 NMI (CO) PR (25/10/2021) https://hcservices.ecourts.gov.in/hcservices/