Madras High CourtWP/24351/2013dismissed as infructuous

Dakshin Railway Employees v. Union Of India

2023-07-27Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2023

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P. No.24351 of 2013 Dakshin Railway Employees' Union, Affiliated with - CITU Regd No.3068, Rep.by its General Secretary, No.27, Mosque Street, Chepauk, Chennai-110 001.

... Petitioner Vs 1.Union of India, Rep.by the Secretary to Government, Ministry of Railways, Rail Bhavan, New Delhi-110 001 2.The General Manager, 3.The Chief Personnel Officer, 4.Secret Ballot Election Committee, Rep.by its Executive Director, Rail Bhavan, New Delhi-110 001.

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5.Southern Railway Mazdoor Union, Rep.by its General Secretary, Nakkeerar Arangam, Chennai Egmore, Chennai-600 008.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to declare the clause 4(ii) of the Final Modalities for granting recognition to a union which gets 35% of the valid votes polled as void and consider and fix 20% of the total votes polled as criteria for granting recognition and consequently grant recognition to the petitioner union. For Petitioner : Mr.N.G.R.Prasad For R1 to R3 : Mr.P.T.Ramkumar For R4 : No appearance For R5 : Mr.A.Jenasenan

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus directing the respondents 1 to 4 to declare the clause 4(ii) of the Final Modalities for granting recognition to a union which gets 35% of the valid votes polled as void and consider and fix 20% of the total votes polled as criteria for granting recognition and consequently grant recognition to the petitioner union.

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2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is seen that in the year 2019, the final modalities for holding the secret ballot election came into force and as such, the prayer sought for in this Writ Petition become infructuous. Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.

27.07.2023 Index:Yes/No Internet:Yes/No Lpp To 1.The Secretary to Government, Union of India, Ministry of Railways, Rail Bhavan, New Delhi-110 001 2.The General Manager, 3/4

G.K.ILANTHIRAIYAN,J.

Lpp 3.The Chief Personnel Officer, 4.The Executive Director, Secret Ballot Election Committee, Rail Bhavan, New Delhi-110 001.

5.The General Secretary, Southern Railway Mazdoor Union, Nakkeerar Arangam, Chennai Egmore, Chennai-600 008.

W.P. No.24351 of 2013 27.07.2023 4/4