O.Ramesh v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And M.P.Nos.1 to 1 of 2015 and W.M.P.No.2595 of 2016 O.Ramesh ... Petitioner in W.P.3583/2015 N.Dinesh ... Petitioner in W.P.3584/2015 J.Baskaran ... Petitioner in W.P.3585/2015 V.N.Sivakumar ... Petitioner in W.P.3586/2015 R.Ponnaiyan ... Petitioner in W.P.3587/2015 N.Devaraji ... Petitioner in W.P.3588/2015 G.Kumar ... Petitioner in W.P.3589/2015 D.Mohan ... Petitioner in W.P.3590/2015 R.C.Sathish ... Petitioner in W.P.3591/2015 C.Haridoss ... Petitioner in W.P.3592/2015 V.D.Jayaprakash ... Petitioner in W.P.3593/2015 B.Munikrishnaiah ... Petitioner in W.P.3594/2015 C.Lakshmanan ... Petitioner in W.P.3595/2015 V.Baskar ... Petitioner in W.P.3596/2015 N.Purushothaman ... Petitioner in W.P.3597/2015 N.Sridharan ... Petitioner in W.P.3598/2015 A.Sadasivam ... Petitioner in W.P.3599/2015 E.

Sambanthan ... Petitioner in W.P.3600/2015 D.Nadarajan ... Petitioner in W.P.3601/2015 A.N.Thanigaivel ... Petitioner in W.P.3602/2015 S.Kothandapani ... Petitioner in W.P.3603/2015 L.Manickavasagam ... Petitioner in W.P.3604/2015 S.Saravanan ... Petitioner in W.P.3605/2015 Lena Venkatraman ... Petitioner in W.P.3606/2015 V.Jaisankar ... Petitioner in W.P.3607/2015 T.Ashok Kumar ... Petitioner in W.P.3608/2015 C.Parthiban ... Petitioner in W.P.3609/2015 K.Moorthy ... Petitioner in W.P.3610/2015 J.Devanandam ... Petitioner in W.P.

D.Velmurugan ... Petitioner in W.P.3612/2015 S.Sanjeevi ... Petitioner in W.P.3613/2015 B.Vijayakumar ... Petitioner in W.P.3614/2015 K.Venkata Subba Reddy ... Petitioner in W.P.3615/2015 S.Ashok Kumar ... Petitioner in W.P.3616/2015 S.Manavalan ... Petitioner in W.P.3617/2015 S.Marimuthu ... Petitioner in W.P.3618/2015 B.Ravikumar ... Petitioner in W.P.3619/2015 Railway Employees Cooperative Society Staff Union Rep. by its General Secretary R.C.Cyril Thiyagaraj ... Petitioner in W.P.3162/2016 Vs.

1.State of Tamil Nadu Represented by Secretary to State, Department of Labour, Fort St. George, Chennai - 600 009.

2.The Joint Commissioner of Labour Labour Welfare Board Buildings, 6th Floor, D.M.S. Compound, Teynampet, Chennai - 600 006.

3.Labour Officer - 1 Kuralagam, Chennai - 108.

4.The Railway Employees Cooperative Credit Society Ltd. Rep by its Chief Executive Ashok Vihar Complex, Old Zoo Road, Chennai - 600 003.

... Respondents in W.P.Nos.3583 to 3619/2015 1.The Labour Officer - 1, 3rd Floor, Kuralagam, Chennai - 600 108.

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2.The State of Tamil Nadu, Rep. by its Secretary Department of Labour and Employment, Fort St.George, Chennai - 600 009.

3.The Chief Executive Railway Employees Co-operative Credit Society Ltd., Ashok Vihar Complex, Old Zoo Road, Chennai - 600 003.

... Respondents in W.P.No.3162/2016 Prayer in W.P.No.3583 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing Ref.No.01/21/15/10 transferring the petitioner to Nadikudi, Andhra Pradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3584 of 2015:

respondent in issuing the order of transfer dated 19.01.2015 bearing Ref.No.01/19/15/05 transferring the petitioner to Kazipet, Andhra Pradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

3/20

Prayer in W.P.No.3585 of 2015:

respondent in issuing the order of transfer dated 22.12.2014 bearing Ref.No.12/22/14/08 transferring the Petitioner to Miraj, Maharashtra is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3586 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing Ref.No.01/21/15/9 transferring the petitioner to Hyderabad, Andhra Pradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3587 of 2015:

respondent in issuing the order of transfer dated 23.12.2015 bearing Ref.No.12/22/14/5 transferring the petitioner to Gadag, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. 4/20

Prayer in W.P.No.3588 of 2015:

respondent in issuing the order of transfer dated 19.01.2015 bearing Ref.No.01/19/15/04 transferring the petitioner to Kazipet, Andhra Pradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3589 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing Ref.No.01/21/15/4 transferring the petitioner to Gadag, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3590 of 2015:

respondent in issuing the order of transfer dated 22.01.2015 bearing Ref.No.01/22/15/2 transferring the petitioner to Miraj, Maharashtra is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. 5/20

Prayer in W.P.No.3591 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing Ref.No.01/21/15/20 transferring the petitioner to Londa, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3592 of 2015:

respondent in issuing the order of transfer dated 24.10.2014 bearing Ref.No.10/20/14/1 transferring the petitioner to Miraj, Maharashtra is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3593 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing Ref.No.01/21/15/15 transferring the petitioner to Gadag, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. 6/20

Prayer in W.P.No.3594 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing Ref.No.01/21/15/13 transferring the petitioner to Kazipet, Andhra Pradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3595 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing Ref.No.01/21/15/1 transferring the petitioner to Nadikudi, Andhra Pradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3596 of 2015:

respondent in issuing the order of transfer dated 20.01.2015 bearing Ref.No.01/20/15/04 transferring the petitioner to Bhimavaram, Andhra Pradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and 7/20

consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3597 of 2015:

respondent in issuing the order of transfer dated 22.12.2014 bearing Ref.No.12/22/14/7 transferring the petitioner to Miraj, Maharashtra is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3598 of 2015:

respondent in issuing the order of transfer dated 24.10.2014 bearing Ref.No.10/20/14/2 transferring the petitioner to Dharmavaram Andhra Pradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3599 of 2015:

respondent in issuing the order of transfer dated 23.12.2014 bearing Ref.No.12/23/14/2 transferring the petitioner to Hubli, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, 8/20

Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3600 of 2015:

respondent in issuing the order of transfer dated 30.01.2015 bearing Ref.No.01/30/15/3 transferring the petitioner to Gadag, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3601 of 2015:

respondent in issuing the order of transfer Ref. 01/22/15/4 dated 22.01.2015 bearing transferring the petitioner to Nadikudi, Andhrapradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3602 of 2015:

respondent in issuing the order of transfer dated 22.01.2015 bearing Ref.No.01/22/15/1 transferring the petitioner to Nandyal, Andhrapradesh is contrary to Sections 9A, 33A of the Industrial 9/20

Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3603 of 2015:

respondent in issuing the order of transfer dated 30.01.2015 bearing Ref:01/30/15/09 transferring the petitioner to Chikjajur, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3604 of 2015:

respondent in issuing the order of transfer dated 27.10.2014 bearing Ref.No.10/20/14/7 transferring the petitioner to Dharmavaram , Andhrapradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3605 of 2015:

respondent in issuing the order of transfer dated 19.12.2014 bearing Ref.No.Majorpenalty/Suspension/12/19/02 transferring the petitioner 10/20

to Kazipet, Andhrapradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3606 of 2015:

respondent in issuing the order of transfer dated 27.01.2015 bearing Ref:01/27/15/6 transferring the petitioner to Raichur, Andhrapradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3607 of 2015:

respondent in issuing the order of transfer dated 30.01.2015 bearing Ref 01/30/15/6 transferring the petitioner to Chikjajur, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3608 of 2015:

respondent in issuing the order of transfer dated 22.12.2014 bearing Ref.No.12/22/14/3 transferring the petitioner to Miraj, Maharashtra is 11/20

contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3609 of 2015:

respondent in issuing the order of transfer dated 22.12.2014 bearing Ref.No.12/22/14/1 transferring the petitioner to Gadag, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3610 of 2015:

respondent in issuing the order of transfer dated 19.12.2014 bearing Ref.No.Majorpenalty/Suspension/1/1/2014 transferring the petitioner to Gadag, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3611 of 2015:

respondent in issuing the order of transfer dated 30.01.2015 bearing Ref.No.01/30/15/4 transferring the petitioner to Chikjajur, Karnataka 12/20

is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3612 of 2015:

respondent in issuing the order of transfer dated 19.01.2015 bearing Ref:No.01/19/15/02 transferring the petitioner to Kazipet, Andhrapradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3613 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing Ref.01/21/15/17 transferring the petitioner to Raichur, Andhrapradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3614 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing 13/20

Ref.No.01/21/15/16 transferring the petitioner to Raichur, Andhra Pradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3615 of 2015:

respondent in issuing the order of transfer dated 23.12.2014 bearing Ref.No.12/23/14/4 transferring the petitioner to Gadag, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3616 of 2015:

respondent in issuing the order of transfer dated 22.01.2015 bearing Ref.01/22/15/3 transferring the petitioner to Gadag, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3617 of 2015:

respondent in issuing the order of transfer dated 21.01.2015 bearing 14/20

Ref.No.01/21/15/6 transferring the petitioner to Cuddapah, Andhrapradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3618 of 2015:

respondent in issuing the order of transfer dated 24.10.2014 bearing Ref.No.10/20/14/4 transferring the petitioner to Guntakal, Andhrapradesh is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai.

Prayer in W.P.No.3619 of 2015:

respondent in issuing the order of transfer dated 30.01.2015 bearing Ref.01/30/15/1 transferring the petitioner to Gadag, Karnataka is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and consequently direct the IV Respondent to continue to retain the petitioner in Chennai. Prayer in W.P.No.3162 of 2016:

issue a Writ of Declaration declaring that punishments imposed on 14 15/20

members of the petitioner union as listed in Annexure-A to the affidavit is illegal and in contravention of Sec.33 of the Industrial Disputes Act and consequently direct the 3rd respondent not to give impose any punishments against any of the members of the petitioner union whose list is in the Annexure-B to the affidavit without first getting prior permission under section 33 of the I.D.Act in the industrial disputes raised by the petitioner union in Dispute No.Na.Ka.N.A/ 535 of 2014 read with Dispute No.B/ 778 of 2014 and Dispute RC No.99 of 2015 dated 24.04.2015 which is pending before the 1st respondent Conciliation Officer.

For Petitioners : Mr.D.Nagasaila in all the W.Ps.

For Respondents : Mr.K.Surendran for R1 to R3 Additional Government Pleader Mr.A.Jenasenan for R4 in W.P.Nos.3583 to 3619 of 2015 Mr.K.Surendran for R1 and R2 Additional Government Pleader Mr.A.Jenasenan for R3 in W.P.No.3162 of 2016 C O M M O N O R D E R The writ petitions in W.P.Nos.3583 to 3619 of 2015 have been filed seeking issuance of Writ of Declaration declaring that the action of the Chief Executive, The Railway Employees Cooperative Credit Society Limited in issuing the order of transfer, transferring the petitioners to 16/20

some other place is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and to consequently direct the Chief Executive, The Railway Employees Cooperative Credit Society Limited, to retain the petitioners in Chennai.

2.The writ petition in W.P.No.3162 of 2016 has been filed seeking issuance of Writ of Declaration declaring the punishments imposed on 14 members of the petitioner union is illegal and in contravention of Section 33 of the Industrial Disputes Act and to consequently direct the Chief Executive, The Railway Employees Cooperative Credit Society Limited to not to impose any punishment against any of the members of the petitioner union without getting prior permission under Section 33 of the I.D.Act in the industrial disputes raised by the petitioner union in Dispute No.Na.Ka.N.A/ 535 of 2014 read with Dispute No.B/ 778 of 2014 and Dispute RC No.99 of 2015 dated 24.04.2015 which is pending before the Labour Officer - 1, 3rd Floor, Kuralagam, Chennai.

3.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 17/20

4.The learned counsel appearing for the petitioners submitted that during the pendancy of the writ petitions, the petitioners raised industrial disputes in I.D.Nos.27 and 32 of 2016 before the Labour Court.

5.Since the petitioners have raised industrial disputes before the Labour Court, it is left open to the petitioners to raise all the issues before the Labour Court.

6.With the above observation, the writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. 13.03.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Secretary to State, Department of Labour, Fort St. George, Chennai - 600 009.

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2.The Joint Commissioner of Labour Labour Welfare Board Buildings, 6th Floor, D.M.S. Compound, Teynampet, Chennai - 600 006.

3.The Labour Officer - 1 3rd Floor, Kuralagam, Chennai - 108.

4.The Secretary Department of Labour and Employment, Fort St.George, Chennai - 600 009.

5.The Chief Executive Railway Employees Co-operative Credit Society Ltd., Ashok Vihar Complex, Old Zoo Road, Chennai - 600 003.

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M.DHANDAPANI,J.

pri W.P.Nos.3583 to 3619 of 2015 and 3162 of 2016 And M.P.Nos.1 to 1 of 2015 and W.M.P.No.2595 of 2016 13.03.2025 20/20