Avadi Thin Oorthi Thozhilaga v. The Chief General Manager Hvg

2025:MHC:1889

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP Nos. 31008, 31009 & 31013 of 2025 Avadi Thin Oorthi Thozhilaga Thozhilalar Munnetra Sangam (Regd. No.CPT/ 654) Represented by General Secretary, Mr.I.Selvaraj, HVF Avadi, Chennai- 600 054.

Petitioner(s) Vs 1.The Chief General Manager HVF 2.The Chief Labour Commissioner (Central) No.26, 3rd Block, 5th Floor, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai- 600 006.

3.The Election Returning Officer (Works Committee and Canteen Page No.1 of 5

Committee HVF, Avadi, Chennai- 600 054.

4.The Labour Welfare Officer (HVF) HVF, Respondent(s) PRAYER Calling for the election Notification No.145 dated 01.07.2025 issued by the 1st respondent and quash the same and to reissue the election notification in accordance with statutory provisions of Industrial Disputes Act, 1947. For Petitioner(s):

Mr.C.Raghavan For Respondent(s):

Mrs.S.S.Meenakumary SPC - GOI

ORDER

This writ petition has been filed challenging the election notification issued by the 1 st respondent dated 01.07.2025 and for a direction to reissue the election notification in accordance with law.

2. Heard Mr.G.Raghavan, learned counsel for the petitioner and Mrs.S.S.Meenakumary, learned Senior Panel Counsel appearing on behalf of the Page No.2 of 5

respondents.

3. In the considered view of this Court, this Court will not entertain an election dispute in exercise of jurisdiction under Article 226 of the Constitution of India. This is more so since every election dispute involves disputed facts and the appropriate Forum which has to be approached will only be the Competent Civil Court, which will have the advantage of collating the facts and appreciating the evidence. Therefore, liberty is granted to the petitioner to approach the Competent Civil Court and work out their remedy.

4. With this liberty, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. 25-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Page No.3 of 5

To 1.The Chief General Manager Hvf 2.The Chief Labour Commissioner (Central) No.26, 3rd Block, 5th Floor, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai- 600 006.

3.The Election Returning Officer (works Committee And Canteen Committee Hvf, Avadi, Chennai- 600 054.

4.The Labour Welfare Officer (hvf) Hvf, Avadi, Chennai- 600 054.

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N.ANAND VENKATESH J.

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