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Madras High CourtWP/20376/2018closed

Ttl Officers Union(Reg.No.523/ v. The Managing Director

2022-04-04Honourable Mr Justice V. Bharathidasan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2022

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P. Nos. 20376, 30559 & 30562 of 2018 and W.M.P. Nos. 23931, 35645 & 35647 of 2018 W.P.No. 20376 of 2018 rep. by its General Secretary,

2. Chengai Podhu Thozhilalar Sangam, (Reg. No. 677/Cpt) rep. by its General Secretary, No.18/51, EWS, N.H.1, Parimelazhagar St., Maraiamalai Nagar - 603 209.

3. National Confederation of Officers'

The Managing Director, and also at Telecommunication Consultants ... Respondent

Mandamus, to direct the respondent revive the LIC linked Gratuity Policy payable to the members of the petitioner within a time frame as stipulated by this Hon'ble Court. W.P.No. 30559 of 2018 rep. by its President,

2. National Confederation of Officers'

1. The Managing Director, and also at Telecommunication Consultants

2. The Chairman and Managing Director, M/s. Telecommunications Consultants The Holding Company TCIL Bhawan,

3. The Secretary to Government, Department of Telecommunications, No.20, Ashoka Road, ... Respondents Mandamus, to direct the respondents 1 and 2 to refer the petitioner's pay anomaly representations dated. 31.05.2018 to the 3rd respondent and for directions to 3rd respondent to decide it in accordance with law within a time frame.

W.P.No. 30562 of 2018 rep. by its General Secretary,

2. National Confederation of Officers'

The Managing Director, and also at Telecommunication Consultants India Limited, ... Respondent Mandamus, to direct the respondent to consider the representation dated 31.05.2018 of the petitioners herein and thereby consider their members for promotion within a time frame as stipulated by this Hon'ble Court.

For Petitioners in all W.P.s : Mr.S.Sivashanmugam For Respondents in all W.P.s : Mrs.R. Rathna Thara for R1 C O M M O N O R D E R These Writ Petitions have been filed seeking a direction, directing the respondents to revive LIC linked Gratuity Policy payable to the members of the petitioner, and to consider representations of the petitioners seeking to decide their pay

anomaly in accordance with law as well as their promotion within a time frame.

2. The grievance of the petitioners association is that, the members of petitioners' association are employed in the 1st respondent Tamil Nadu Telecommunications Limited and the 1st respondent company had become sick, and the company did not pay gratuity and other service benefits. Hence, seeking the same, the present Writ Petitions have been filed.

3. Today, when the matters were taken up for hearing, Mrs.R.Rathna Thara, learned counsel for respondents submitted that, even though the Tamil Nadu Telecommunication Limited was the sister concern and the 1st respondent company had become sick, the members of petitioner association have been absorbed in the 1st respondent's sister concern viz., Telecommunications Consultants India Limited and now all the employees are working in the said concern. Hence, no further adjudication is required in these Writ Petitions. Learned counsel appearing for respondents would further submit that, all the petitioners have given undertaking before the authority that they will withdraw the Writ Petitions. Accordingly, suitable orders may be passed.

4. Heard and considered rival submissions made by learned counsel appearing for both sides and perused the records carefully.

5. Considering the fact that, all the members of petitioners association are absorbed in the 1st respondent company, all these Writ Petitions are liable to be closed. Accordingly, these Writ Petitions are closed. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar rpp

To

1. The Managing Director, and also at Telecommunication Consultants

2. The Chairman and Managing Director, M/s. Telecommunications Consultants India Limited, The Holding Company TCIL Bhawan,

3. The Secretary to Government, Department of Telecommunications, No.20, Ashoka Road, New Delhi.

+1cc to Mr.R.Rathna Thara, Advocate, S.R.No.22609 W.P.Nos. 20376, 30559 & 30562 of 2018 CA(CO) SU(25/05/2022)