Tamil Nadu Civil Supplies v. Tamil Nadu Civil Supplies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.No.35432 of 2005 and W.M.P.No.38263 of 2005 Tamilnadu Civil Supplies Corporation Employees Union, Represented by its General Secretary Mr.Pechimuthu, No.42, Thambusamy Road, Kilpauk, Chennai - 600 010.

... Petitioner Vs 1.Tamilnadu Civil Supplies Corporation Limited, Rep. by its Chairman & Managing Director, No.42, Thambusamy Road, Kilpauk, Chennai - 600 010.

2.The Senior Regional Manager, Tamilnadu Civil Supplies Corporation Limited, Chennai (North) Region, Chennai - 600 086.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the respondents in connection with the impugned letter e.f.vz;.m14/14119/2005 dated 26.10.2005 and quash the same and directly the respondents not to deny or interfere with the customary right of the petitioner Union as a recognised union to hold gate meetings within the premises of the respondents. For Petitioner :

Mr.V.Prakash, Senior Counsel for Mr.P.Chandrasekaran For Respondents :

Mr.L.P.Shanmuga Sundaram

ORDER

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

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2. The impugned order is in the form of an advice to abide by the circulars in connection with the rejection of the petitioner's request for conducing a gate meeting organized by the petitioner Union. The order came to be passed in the year 2005 and it is stated that there has been certain developments, whereby the dispute raised in the year 2005 does not subsist as on date.

3. The learned Senior Counsel appearing for the petitioner, however, would submit that a recognised Trade Union is entitled to certain privileges for conducting such gate meetings.

4. Taking note of the fact that the rejection order for conducting the gate meeting was passed in the year 2005, no effective orders can be passed in the present petition, in view of the subsequent developments. Accordingly, the writ petition stands closed. However, if the petitioner, who claims to be a recognised Trade Union, is entitled for any privilege for conducting such gate meetings, the same is always kept open to them to substantiate such privileges, as and when a cause of action arises. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar hvk To 1.The Chairman & Managing Director, Tamilnadu Civil Supplies Corporation Limited, No.42, Thambusamy Road, Kilpauk, Chennai - 600 010.

2.The Senior Regional Manager, Tamilnadu Civil Supplies Corporation Limited, Chennai (North) Region, Chennai - 600 086.

W.P.No.35432 of 2005 and W.M.P.No.38263 of 2005 AD (CO) PR (25/08/2021) https://hcservices.ecourts.gov.in/hcservices/