M/S.Tamizh Pokkuvarathu Podhu v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2017 Coram The Honourable Mr.Justice HULUVADI G.RAMESH and The Honourable Mr.Justice RMT.TEEKAA RAMAN W.A.NO.186 OF 2017 M/s.Tamizh Pokkuvarathu Podhu Thozhirchangam, rep. by its General Secretary, G.K.Subramaniam ...

Appellant versus

1. The State of Tamil Nadu, rep. by its Principal Secretary, Transport Department, Fort St.George, Chennai-600 009.

2. The Managing Director, Tamilnadu State Transport Corporation, Chennai-600 002.

...

Respondents Prayer: Writ Appeal is filed seeking to set aside the order of the learned single Judge made in W.P.No.1958 of 2017, dated 01.02.2017.

Petition Under Article 226 of the constitution of India praying for the issue of a writ of Mandamus directing the Respondents to permit and include the Petitioner Union to participate in the 13th Settlement Committee Talks on Salary Agreements for Transport Workers U/s 12(3) of Industrial Disputes Act 1947 constituted vide G.O M.s.No.3 Transport(C1)Department dated 13/01/2017.

For Appellant : Mr.S.Vijaya Ganesh For Respondents : Mr.A.Sri Jayanthi, Spl.G.P.

JUDGMENT

(Judgment of the Court was delivered by HULUVADI G.RAMESH, J.) This Writ Appeal is directed against the order of the learned single Judge made in W.P.No.1958 of 2017, dated 01.02.2017 dismissing the writ petition with the following observation in para 3:

"3. As the petitioner-Thozhirchangam is admittedly not a recognized body and there is no relevant document produced to show that the petitioner-Thozhirchangam is a recognized one, this Court is not inclined to entertain the Writ Petition. Accordingly, the Writ Petition fails and it is dismissed. No costs."

2. Learned counsel for the petitioner submitted that though initially, their union people were also called for talks for settlement on salary agreements by the second respondent, however, after the orders of the learned single Judge, they are not now encouraging the petitioner sangam to participate for discussion.

3. Though we are not inclined to entertain the present Writ Appeal having regard to the order of the learned Judge which requires no interference, however, taking into consideration that the petitioner sangam was invited for having talks in respect of settlement on salary agreements, while dismissing the Writ Appeal, we make it clear that either this order or the order of the learned single Judge will not stand in the way for inviting the petitioner sangam by the second respondent for having talks in respect of settlement on salary agreements, if they are so advised and it is needless to state that discretion lies with the second respondent. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

Suk To

1. The Principal Secretary, The State of Tamil Nadu, Transport Department, Fort St.George, Chennai-600 009.

2. The Managing Director, Tamilnadu State Transport Corporation, Chennai-600 002.

+1cc to Mr.S.Vijayaganesh, Advocate Sr.21837 +1cc to the Government Pleader Sr.21920 W.A.NO.186 OF 2017 vsn[co] srg 2/5/2017