State Transport Employees Federation v. The Principal Secretary And Labour Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI State Transport Employees Federation of Tamil Nadu 1443/SLM Represented by its General Secretary N.Boopathy M/47 S/o.Natesan 1/258, N.R.K.Complex, Ariyanoor Post, Veerapandi, Salem District 636 308 ... Petitioner Vs.
The Principal Secretary and Labour Commissioner, DMS Campus, Anna Salai, Teynampet, Chennai - 600 006.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to forward the petitioner's proposed modifications dated 15.10.2024 to all registered trade unions for their objections as mandated under Rule 6A(2) Tamil Nadu Industrial Employment (Standing Orders) and consequently issue direction to permit the petitioner's trade union to participate in all discussions regarding finalization of the Common Standing Orders by considering the representation dated 05.02.2025. Page No.1 of 6
For Petitioner : Mr.G.Pugazhenthi For Respondent : Mr.K.Surendran, AGP *****
ORDER
This Writ Petition has been filed by the petitioner seeking to direct the respondent to forward the petitioner's proposed modifications dated 15.10.2024 to all registered trade unions for their objections as mandated under Rule 6A(2) Tamil Nadu Industrial Employment (Standing Orders) and consequently issue direction to permit the petitioner's trade union to participate in all discussions regarding finalization of the Common Standing Orders by considering the representation dated 05.02.2025.
2. Mr.K.Surendran, learned Additional Government Pleader, accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that, the petitioner trade union was formed for the welfare of the workers working under the Tamil Nadu Page No.2 of 6
State Transport Corporation. The Common standing orders was certified on 05.09.1995 for the Transport Corporations of Tamil Nadu. In this standing order, an appeal petition No.4 of 1995 was filed seeking amendments and was decided by the Principal Labour Court on 01.04.2022 with some amendments. In this context, the amended Common Standing Orders from the Principal Labour Court, Chennai has been certified by the Appellate Officer and is now received by the office of the respondent. The petitioner's trade union has also submitted a petition dated 15.10.2024 as required under Section 10(2) of Industrial Employment (Standing Orders) Act 1946 to amend the said Common Standing Orders.
However, the same has not been forwarded by the respondent to the registered trade unions as required under Rule 6A(2) of Tamil Nadu Industrial Employment (Standing Orders) Rules 1947. Thereafter, the petitioner union has sent a representation dated 05.02.2025 to the respondent to permit their trade union to participate during discussion in finalising the Common Standing Orders. However, the same was not considered. Hence, the present writ petition has been filed seeking the aforesadi relief.
4. Though very many grounds have been raised in this writ Page No.3 of 6
petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondent to consider the petitioner's representations dated 15.10.2024 and 05.02.2025 and pass appropriate orders, within a time frame that may be stipulated by this court.
5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent and perused the materials placed on record.
6. Considering the limited request made by the learned counsel for the petitioner, this court, without going into the merits of the case, directs the respondent to consider the representations of the petitioner dated 15.10.2024 and 05.02.2025 on merits and in accordance with law and pass appropriate orders, within a period of eight (8) weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
7. With the above direction, this writ petition is disposed of. No Page No.4 of 6
costs.
20.03.2025 Index : Yes / No Speaking order / Non-speaking order rap To The Principal Secretary and Labour Commissioner, DMS Campus, Anna Salai, Teynampet, Chennai - 600 006.
Page No.5 of 6
M.DHANDAPANI, J.
rap 20.03.2025 Page No.6 of 6