Nethaji Transport Workers v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2016
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.5744/2016 Nethaji Transport Workers Union rep.
by its State president V.Thalapathy .. Petitioner Vs
1. The Secretary Tamil Nadu Transport Department Secretariat, Namakkal Kavingnar Maligai Fort St George, Chennai 600 009.
2. The Transport Commissioner Ezhilagam, Chennai 600 109.
3. The Managing Director Tamilnadu State Metropolitan Transport Corporation, Pallavan Illam, Pallavan Salai Chennai 600 002.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 3 to consider representation dated 27.01.2016 of the petitioner.
For Petitioner : Mr.S.Ezhil Raj For R1 & R2 : Mr.R.Rajeswaran, Spl.GP For R3 : Mr.P.Paramsivadoss
ORDER
Heard Mr.S.Ezhil Raj, learned counsel for the petitioner ; learned Mr.R.Rajeswaran, learned Special Government Pleader accepting notice on behalf of the respondents 1 and 2 ; and Mr.P.Paramasivadoss, learned counsel accepting notice on behalf of the 3rd respondent and with their consent, this writ petition is taken up for final disposal at the admission stage itself.
The petitioner is a Trade Union registered under the provisions of the Trade Union Act and they have sought for issuance of a writ of mandamus to direct the respondents to consider their representation dated 27.01.2016. https://hcservices.ecourts.gov.in/hcservices/
In the said representation, the petitioner Union has highlighted certain grievances about the GPS machine and it appears that they wanted to revert back to manual ticketing process. Prima facie the case as projected by the petitioner / Union in the representation is not tenable since owing to the technological developments, new methods have to be adopted and GPS machines appear to have been time tested and it prevents various problems including shortage of cash etc. However, this being a policy decision, this Court cannot express any opinion on the same. It is open to the 3rd respondent to consider the said representation on merits and in accordance with law. With the above observation, the writ petition is dismissed. No costs.
AP s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To
1. The Secretary Tamil Nadu Transport Department Secretariat, Namakkal Kavingnar Maligai Fort St George, Chennai 600 009.
2. The Transport Commissioner Ezhilagam, Chennai 600 109.
3. The Managing Director Tamilnadu State Metropolitan Transport Corporation, Pallavan Illam, Pallavan Salai Chennai 600 002.
+ 1 cc to Mr.S.Ezhilraj, Advocate SR 10359 gr(co) prk26/2 WP.No.5744/2016 https://hcservices.ecourts.gov.in/hcservices/