Nethaji Transport Workers Union v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA W.P.No.9872 of 2022 and W.M.P.No.9589 of 2022 Nethaji Transport Workers Union, Rep. by its State General Secretary, V.Thalapathy, 478, Mint Street, Shiva complex, Chennai 600 001.

... Petitioner Vs.

1. The Secretary, Department of Transport, Fort St. George, Chennai.

2. The Managing Director, Tamilnadu Metropolitan Transport Corporation, Pallavan House, Pallavan road, Chennai 600 002.

3. The Human Resource Officer, Tamilnadu Metropolitan Transport Corporation, Pallavan House, Pallavan road, Chennai 600 002.

...

Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the second respondent to provide space to Nethaji Transport Workers Union, the petitioner herein, for running its Trade Union activities in the campus of the Pallavan House, Pallavan Road, Chennai, based on the representation dated 22.03.2022 issued by the petitioner.

For Petitioner : Mr.S.Sathrack For Respondents : Mr.M.Shajahan, Ror R1 Special Government Pleader For R2 and R3 : Mr.R.Balaji, Standing Counsel

ORDER

The grievance of the petitioner is that the respondents 2 and 3 though had given a place for other Union, did not provide a place for the petitioner viz., Nethaji Transport Workers Union, Chennai in their office complex. In this regard, the petitioner made a representation dated 22.03.2022. However, the same has not been considered by the respondents 2 and 3.

2. Mr.R.Balaji, learned Standing counsel appearing for the respondents 2 and 3 contended that there is no space in the 2nd respondent's place.

3. It is seen from the representation of the petitioner that many of the Unions are provided with place in the campus of the 2nd respondent Transport Corporation, Chennai to conduct Union Activities. According to the petitioner/Union, it is presently having 188 members and is in the 5th position in representing the workers cause with the management. However, the management has not provided any place within the campus of Pallavan house Chennai to have their Union office.

4. In the circumstances, without going into the merits of the case projected by the petitioner either in his affidavit or in his representation, dated 22.03.2022, the respondents 2 and 3 are directed to consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

R. HEMALATHA, J.

vum

5. With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 10.10.2023 Index: Yes/No Speaking/Non-Speaking order vum To

1. The Secretary, Department of Transport, Fort St. George, Chennai.

2. The Managing Director, Tamilnadu Metropolitan Transport Corporation, Pallavan House, Pallavan road, Chennai 600 002.

3. The Human Resource Officer, Tamilnadu Metropolitan Transport Corporation, Pallavan House, Pallavan road, Chennai 600 002.

W.P.No.9872 of 2022 and W.M.P.No.9589 of 2022