The Airports Authority Of v. Indian Airports Kamgar Union

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2021 CORAM :

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH AND THE HONOURABLE MS. JUSTICE R.N.MANJULA W.A.No.1898 of 2018 1.The Airports Authority of India(SR), Rep. by its Regional Executive Director, 2.The Deputy General Manager - HR, O/o.The Regional Executive Director, Airports Authority of India (SR), 3.The Asst.General Manager - HR, O/o.The Regional Executive Director, Airports Authority of India(SR), ..Appellants/Respondents 1 to 3 Vs 1.Indian Airports Kamgar Union, (Regd.No.3950), Rep. by its General Secretary, Qtr.No.B-140, Pocket-A, INA Colony, New Delhi - 110 023.

2.The Presiding Officer, Central Government Industrial Tribunal cum Labour Court, No.4, Haddows Road, Shastri Bhavan, Chennai - 600 006. ..Respondents/Petitioner/ 4th Respondent Prayer: Appeal filed under 15 of Letters Patent against the order dated 01.12.2015 made in W.P.No.8293 of 2015.

Prayer in WP.No.8923/2015: To issue a writ of Mandamus to forbear the respondents from giving effect to the order of transfer dated 22.9.2014 bearing AAI/SR/ 2-2(7)/EA issued by the 2nd respondent and the order dated 20/23.3.2015 bearing AAI/SR/22(7)/EA issued by the 3rd respondent in so far as transferring G.Venkataswamy Senior Superintendent (Fire Service) from Chennai Airport to Tirupati Airport Who is the Branch Secretary to the petitioner Union at Chennai Airport without getting prior permission from the 4th respondent under Sec.33 of The Idustrial Disputes Act 1947 in the Industrial Disputes raised by the petitioner Union which is pending as I.D.No.19 of 2015. For Appellants :

Mr.Father A.Xavier Arulraj, Seinor Advocate, for Mr.A.Arul Mary For Respondents :

Mr.Balan Haridas for R1

JUDGMENT

(Delivered by M.M.SUNDRESH, J.) This appeal is filed against the order dated 01.12.2015 passed in W.P.No.8293 of 2015.

2. We have heard the learned counsel appearing for the appellants and the learned counsel appearing for the first respondent.

3. Though the appeal has become infructuous insofar as the relief granted as the employee concerned has reached the age of superannuation, the legal issue raised is left open.

4. In view of the above, the writ appeal stands closed. No costs. C.M.P.No.15272 of 2018 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssm To 1.The Airports Authority of India(SR), Rep. by its Regional Executive Director,

2.The Deputy General Manager - HR, O/o.The Regional Executive Director, Airports Authority of India (SR), 3.The Asst.General Manager - HR, O/o.The Regional Executive Director, Airports Authority of India(SR), 4.The Presiding Officer, Central Government Industrial Tribunal cum Labour Court, No.4, Haddows Road, Shastri Bhavan, Chennai - 600 006.

+2cc to M/s.Father.A.Xavier Associates, S.R.No.26177 W.A.No.1898 of 2018 AJS(CO) CB(24/06/2021)