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Madras High CourtWP/7094/2024disposed of

The Tamil Nadu State Apex Co- Operative Bank Employees Union v. The Government Of Tamil Nadu

2024-09-11Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P.No.7935 of 2024 Tamil Nadu State Apex Co-operative Bank Employees Union, Rep. by its General Secretary, Regd. Office at 233, NSC Bose Road, Chennai 600 001.

... Petitioner Vs.

1.The Government of Tamil Nadu, Rep by its Secretary, Co-operation Food and Consumer Protection Department, Fort St.George, Chennai 600 009.

2.The Registrar of Cooperative Societies, NVN Natarajan Maligai, No.170, Periyar EVR High Road, Kilpauk, Chennai 600 010.

3.Tamil Nadu State Apex Co-operative Bank, Rep. by its Managing Director, 233, NSC Bose Road, Chennai 600 001.

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4.Tamil Nadu State Apex Co-operative Bank, Dr.Ambedkar Employees Union, Rep. by its President, No.4(233), NSC Bose Road, Chennai 600 001.

(R4 impleaded as per order dated 11.06.2024 in WMP.No.16079 of 2024 in W.P.No.7094 of 2024) 5.Tamil Nadu State Apex Co-operative Bank, Staffs Progressive Union, (Affiliated to LPF), No.4, NSC Bose Road, Chennai 600 001, Rep. by its President T.K.S.Elangovan.

(R5 impleaded as per order dated 11.06.2024 in W.M.P.No.11339 of 2024 in W.P.No.7094 of 2024) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents not to undermine the recognition status of the petitioner Union representing the majority of the workers in any manner including by favouring and unrecognised minority union with the privilege of signing the settlement or granting favour to any other Trade Union which is not a recognised union. For Petitioner : Mr.V.Prakash, Senior Counsel for Ms.Meithreyi C Sharma For Respondents : Mr.P.Ganesan, GA for R1 & R2 Mr.A.M.Ayyathurai for R3 Mr.S.Sathia Chandran for R4 Mr.S.Nedunchezhiyan for R5

ORDER

This Writ Petition has been filed to direct the respondents not to undermine the recognition status of the petitioner Union representing the Page No.2 of 6

majority of the workers in any manner including by favouring and unrecognised minority union with the privilege of signing the settlement or granting favour to any other Trade Union which is not a recognised union.

2. Heard Mr.V.Prakash, learned Senior Counsel for the petitioner, Mr.P.Ganesan, learned Government Advocate for the respondents 1 and 2, Mr.A.M.Ayyathurai, learned counsel for R3, Mr.S.Sathia Chandran, learned counsel for R4 and Mr.S.Nedunchezhiyan, learned counsel for R5.

3. The learned Senior Counsel for the petitioner submitted that the parties have amicably settled the matter between themselves by holding negotiations between various Unions on certain terms. Even the counsel for the third respondent Tamil Nadu State Apex Co-operative Bank through whom the terms of settlement have been communicated, also accepted that the terms as seen in the letter has been addressed by the third respondent to the second respondent on 16.08.2024. Page No.3 of 6

4. It appears from the representations of the learned counsels for both sides that the Tamil Nadu State Apex Co-operative Bank Employees Union will sign the settlement and on behalf of the officers, the two factions of the Tamil Nadu State Co-operative Bank Officers' Union, the Tamil Nadu State Co-operative Bank Staffs Progressive Union and Tamil Nadu State Co-operative Bank Dr.Ambedkar Employees' Union will sign and that there will be a separate agreement by each Union with the Bank.

5. Since matter has been settled in view of the above terms, this Writ Petition is disposed as settled out of Court. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes /No 11.09.2024 Speaking / Non-speaking gsk Page No.4 of 6

To 1.The Secretary, Co-operation Food and Consumer Protection Department, Fort St.George, Chennai 600 009.

2.The Registrar of Cooperative Societies, NVN Natarajan Maligai, No.170, Periyar EVR High Road, Kilpauk, Chennai 600 010.

3.The Managing Director, Tamil Nadu State Apex Co-operative Bank, 233, NSC Bose Road, Chennai 600 001.

4.The President, No.4(233), Tamil Nadu State Apex Co-operative Bank, Dr.Ambedkar Employees Union, NSC Bose Road, Chennai 600 001.

5.T.K.S.Elangovan, President, Tamil Nadu State Apex Co-operative Bank, Staffs Progressive Union, (Affiliated to LPF), No.4, NSC Bose Road, Chennai 600 001.

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R.N.MANJULA , J.

gsk W.P.No.7094 of 2024 and W.M.P.No.7935 of 2024 11.09.2024 Page No.6 of 6