S.Hussain Basha v. Joint Commissioner Of Labour

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 18887 OF 2025 S.Hussain Basha S/o.Syed Khader, Life Member, Tamilnadu Podhu Panithurai Min Paniyalargal Sangam, Chepauk, Chennai-600 005 Petitioner(s) Vs

1. Joint Commissioner Of Labour Dms Compound, Chennai-600 012 2.Tamilnadu Pothu Panithurai Min Panialar Sangam Through Its Authorised Representative Pwd House, Chepauk, Chennai-600 3.Natarajan Dce(electricity) Pwd House, Chepauk, Chennai-600 4.SRINIVASAN Assistant Engineer(electricity)pwd House, Egmore, Chennai-600 008

5.YUVARAJ Assistant Engineer(electricity)pwd House, Chepauk, Chennai-600 005 6.T.Mohanraj Room No.21 Public Works Department Complex, Chepauk, Chennai-600 005 7.D.Marimuthu Room No.21 Public Works Department Complex, Chepauk, Chennai-600 005 Respondent(s) The writ petition has been filed under Article 226 of Constitution of India to issue a writ of Mandamus directing the 1st respondent to provide clarification sought for by the petitioner through representation dated 2.4.2025 within a time frame For Petitioner(s):

Ms.P.VARSHINI For Respondent(s):

MR. K. SURENDREN, AGP FOR R1 R2 TO R7 - NDW

ORDER

The writ petition has been filed seeking a direction the 1st respondent to provide clarification sought for by the petitioner through representation dated 2.4.2025.

2. It is the case of the petitioner that he was elected as State President of

the Tamil Nadu Podhu Panithurai Minpaniyalargal Sangam (Herein after referred to as Sangam) second respondent, in the year 2016. The Sangam is a registered Union under the Trade Unions Act in the year 1965 having Reg. No.10-MDS/1965 and has also been recognised by the Government of Tamil Nadu in G.O.Ms.No.1820 Public Works Department, dated 17.10.1969. As the State President of the Sangam, the petitioner convenen General Body Meeting on 17.03.2025 and a proposal to conduct election was placed in the meeting. Hence, the petitioner made a representation on 02.04.2025 to the first respondent seeking clarification and approval. However, the election has been conducted on 19.04.2025 and the same is illegal and non-est in the eye of law.

The petitioner had also given a written communication to the respondents 3,4 and 5 stating that he had neither made a request to conduct the elections nor given approval to conduct the elections. The first respondent has not given any clarification as sought for by the petitioner, till date. Hence, the petitioner has filed the present writ petition before this Court. The learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to consider his representation after providing opportunity to the respondents 2 to 7 within the stipulated time as fixed by this Court.

4. The learned counsel for the respondents submitted that the first respondent is incompetent person and the petitioner has to approach the

competent forum to resolve the issue. However, the same will be considered and pass appropriate orders in the manner known to law.

5. Heard the learned counsel for the petitioner as well as the first respondent and perused the materials available on record. Since no adverse orders are passed against the respondents 2 to 7 and hence, notice to them is dispensed with.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court directs the first respondent to consider and pass orders on the petitioner's representation dated 02.04.2025 within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30-04-2025 rli

Index:Yes/No Speaking/Non-speaking order Internet:Yes To

M.DHANDAPANI,J.

rli To 1.Joint Commissioner Of Labour Dms Compound, Chennai-600 012 30-04-2025