Metropolitan Transport Corporation v. D. Arumugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2026

CORAM

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WMP No.23159 of 2026 in Rev.Aplw. SR No.86101 of 2026 Metropolitan Transport Corporation Oozhiyar Munnetra Sangam Rep. by T.Saravanakumar General Secretary Pallavan Salai (Near Kalaiarangam) Chennai 600002 and 2 others Applicant(s) Vs D.Arumugam General Secretary Metropolitan Transport Corporation Oozhiyar Munnerta Sangam Pallavan Salai (Near Kalairangam) Chennai-600 002 and 2 others Respondent(s) For Applicant(s):

Mr.V.Prakash Senior Counsel for Mr.S.Gokul For Respondent(s):Mr.V.Sudalai Kannu for R1 Mr. AR.L.Sundaresan

Additional Solicitor General of India assisted by Mr.A.Kumaraguru for R2 Mr.K.Kumaran Government Pleader for R3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard on the application for grant of leave.

2. Learned Senior Counsel for the applicants submitted that the applicants have filed O.P.No.9 of 2026 under Section 33 of the Industrial Relations Code, 2020 before the Industrial Tribunal in respect of their right to continue as office bearers of the first applicant Union.

This Court, vide order dated 9.3.2026 passed in C.R.P.Nos.1417 and 1422 of 2026, had transferred the suits, being O.S.Nos.5938 of 2025 and 842 of 2026, pertaining to the same subject-matter to the Industrial Tribunal, Chennai and the Tribunal is presently hearing the same having re-numbered as O.P.Nos.10 and 11 of 2026, respectively.

3. Learned Senior Counsel further submitted that when the validity of Section 22 of the Industrial Relations Code was challenged

by the first respondent/writ petitioner, in the context of pendency of these proceedings, the writ petitioner, in all fairness, ought to have made the applicants also parties to the writ petition. However, without disclosing the factual situation and also the order dated 9.3.2026 passed in the Civil Revision Petitions, the writ petitioner filed the writ petition and obtained the order. Therefore, it is necessary that the applicants be heard in the matter and leave be granted to file review application against the order dated 27.4.2026 passed in W.P.No.11416 of 2026.

4. For the reasons stated in the application, the application seeking leave is allowed.

5. Registry is directed to number the review application, if it is otherwise in order and list for admission next week. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 12.06.2026 bbr