R.Athiyaman v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN R.Athiyaman ... Petitioner Vs.

1.The General Manager, Tamilnadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri.

2.S.Saravanan ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to permit the petitioner to take assistance of co-workman/any office bearer of a union as per clause 31(viii)(e) of Common Certified Standing Orders of the Transport Corporations, and to record the entire proceedings through videography, by considering his representation dated 13.06.2025.

For Petitioner : Mr.B.Jawahar For Respondents : Mr.K.Raja for R1 Standing Counsel 1/4

O R D E R

Mr.K.Raja, learned Standing Counsel takes notice on behalf of the first respondent. Since this Court is not inclined to pass any adverse order as against the second respondent, notice to the second respondent is dispensed with. By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to permit the petitioner to take assistance of co-workman/any office bearer of a union as per clause 31(viii)(e) of Common Certified Standing Orders of the Transport Corporations, and to record the entire proceedings through videography, by considering his representation dated 13.06.2025. 3.

At this juncture, the learned Standing Counsel would contend that the respondents are very well permitting the petitioner to have assistance from co-workman, however, it should be within the region where the petitioner is working. In the case in hand, the petitioner is seeking assistance from person working in Villupuram region. If such assistance is permitted, then it would affect the very administration of the Corporation.

to have assistance of any of the co-workman working in Dharmapuri, they would have no objection.

4.In view of the above submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the petitioner to give fresh representation to the respondents by naming co-workman or any office bearer of the union as stipulated under clause 31(viii)(e) of Common Certified Standing Orders of the Transport Corporations, who is working within Dharmapuri region, within a period of one week from the date of receipt of a copy of this order. If the petitioner gives any such representation before the Enquiry Officer, on receipt of the same, the Enquiry Officer shall consider the same upon its own merits and in accordance with law and pass orders forthwith.

5.With the above directions, the writ petition is disposed of. No costs.

07.08.2025 pri Index: Yes/ No Speaking Order: Yes/ No 3/4

NCC: Yes/ No C.KUMARAPPAN,J.

pri To 1.The General Manager, Tamilnadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Dharmapuri.

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