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Madras High CourtA/1262/2020allowed

Mr.M.Umapathy v. All India Overseas Bank Employees Union And 3 Others

2020-03-23Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 23RD DAY OF MARCH 2020 THE HON'BLE MS.JUSTICE P.T.ASHA A.No.1262 of 2020 in CS.SR.No.30014 OF 2020 MR.M.UMAPATHY No.11/37 L.P.M.Street, Kosapet, Vellore 632 001.

...Applicant/Plainitiff

VERSUS

1. ALL INDIA OVERSEAS BANK EMPLOYEES UNION Rep.by its General Secretary 763, Anna Salai, Chennai - 600 002 (for themselves and in the represetative capacity on behalf of members of the All India Overseas Bank employees Union)

2. S.C.BALAJI No.2, Hanumantha Royan Kovil Street, Triplicant, Chennai-600 005.

3. S.PADMANABHAN Treasurer, All India Overaseas Bank Employees Union, 763, Anna Salai, Chennai-600 002.

4. THE JOINT COMMISSIONER OF LABOUR-I, (Registrar of Trade Union) DMS Complex, Teynampet, Chennai - 600 006.

...Respondents/Defendants

Application praying that this Hon'ble Court be pleased to dispense with https://hcservices.ecourts.gov.in/hcservices/ mandatory period of notice as required under section 80(2) of CPC issued

to 4th Respondent/Defendant since emergent orders are sought to be obtained as against the Respondents/Defendants in the above suit. This application coming on this day before this court for hearing the Court made the following order:

The above Application is filed to dispense with the mandatory period of notice, as required under Section 80(2) of CPC issued to 4th defendant.

2. A perusal of the plaint would show that there is no relief sought for against the 4th defendant and however the present suit has been filed pursuant to the order dated 21.02.2020 passed in W.P.No.35349 of 2020 wherein this Court had directed the plaintiff to approach appropriate forum.

3. The reason for filing the Application is that emergent orders of injunction have to be obtained restraining the second defendant from approving the by laws and for a declaration that the election of the second defendant is illegal, thereby restraining him from discharging the functions as a General Secretary of the defendant Association. For the above reasons, the Application is ordered and the mandatory period of notice as required under section 80 (2) of CPC is dispensed with. Sd/-P.T.A.J 23.03.2020 //Certified to be a true copy// Dated this the day of 2020.

SS/29.05.2020 COURT OFFICER (O.S) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/