G.Govarthanan v. The Joint Commissioner Of Labour

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA G.Govarthanan ...

Petitioner versus 1.The Joint Commissioner of Labour, Office of the Labour Commissionerate, DMS Complex, Teynampet, Chennai - 600 018.

2.The Registrar of Labour Unions, Office of the Registrar of Labour Unions, DMS Complex, Teynampet, Chennai - 600 018.

3.Labour Progressive Federation (LPF), No.25, Thiyagarayar Street, T.Nagar, Chennai - 600 017.

4.Managara Pokkuvarathu Kazhaga Uzhiyar Sangam, Kalaignar Nagar Panimanai, Kalaignar Nagar, Chennai - 600 078.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to 1/4

consider petitioner's representation dated 31.07.2024 or any other alternative remedy.

For Petitioner :

Mr.A.Sivakumar Sivaaji For Respondent No.1 :

Mrs.M.Jayanthy Additional Government Pleader For Respondent Nos.2 to 4 :

No Appearance

O R D E R

The Writ Petition has been filed to direct the first respondent to consider the petitioner's representation dated 31.07.2024 and to conduct an election for electing the office bearers to the 4th respondent Sangam. 2.

Mr.A.Sivakumar Sivaaji, learned counsel for the petitioner submitted that, despite notification in this regard has been given in the year 2022 and nominations have also been filed and collected on 10.01.2022, the elections have not been conducted. The elections were not conducted and the erstwhile office bearers of the 4th respondent Sangam, had selected some persons to be the office bearers.

3.

Since the representation has been given in this regard to the first respondent and that has not been considered so far, I feel it is appropriate to direct the first respondent to consider and pass orders as to the genuineness 2/4

of the representation made by the petitioner dated 31.07.2024 and a necessity to conduct the election and pass an order in this regard after giving notice to the 4th respondent Sangam, within a period of four weeks from the date of receipt of a copy of this order.

4.

Since the direction has been given only against the first respondent with the instruction that he has to give notice to the 4th respondent before passing any order. Notice against the 4th respondent is dispensed with in this writ petition.

5.

In the result, this Writ Petition is allowed. No costs. 29.08.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To The Joint Commissioner of Labour, Office of the Labour Commissionerate, DMS Complex, Teynampet, Chennai - 600 018.

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R.N.MANJULA, J.

sri 29.08.2024 4/4