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Madras High CourtWP/11783/2017withdrawn dismissed

Thamizhaga Tasmac Pattali v. The State Of Tamil Nadu

2022-06-27Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. NO. 11783 OF 2017 Thamizhaga Tasmac Pattali Thozhirsangam Regn. No. 346 KPM, Represented by its State President, R.Mayakrishnan, No. 27/11, Third Floor, Burkit Road, T.Nagar, Chennai - 600 017.

... Petitioner -vs1. The State of Tamil Nadu, Represented by its Chief Secretary, Secretariat, Chennai - 600 009.

2. The Principal Secretary to Government, Home, Prohibition & Excise Department, Fort St. George, Secretariat, Chennai - 600 009.

3. The Principal Secretary to Government, Labour & Employment Department, Fort St. George, Secretariat, Chennai - 600 009.

4. The Managing Director, TASMAC Ltd., 4th Floor, CMDA Tower - II, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

5. The General Manager (Personnel Welfare/ Deputy Commissioner of Labour, (Under Deputation from the Labour Department) 4th Floor, CMDA Tower - II, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

... Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to regularize/absorb services of the members of Petitioner's Association in the Government Departments by considering the representation of the Petitioner Association dated 28.04.2017.

For Petitioner : Mr.M.R.Jothimanian for Mr. K.Balu For Respondents : Mr.P.Balathandayutham, Special Government Pleader (for R1 to R3) Mr.M.John Kennady (for R4 & R5)

O R D E R

Heard Mr. Jothimanian, Learned Counsel appearing for the Petitioner, Mr. P.Balathandayutham, Learned Special Government Pleader appearing for the First to Third Respondents and Mr. M.John Kennady, Learned Counsel for the Fourth and Fifth Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

When it is pointed out that the Petitioner, which is an Association, cannot file a Writ Petition seeking relief espousing the cause of its individual members and does not affect any legal right of that Association as held by the Hon'ble Supreme Court of India in Mahinder Kumar Gupta -vsUnion of India [(1995) 1 SCC 85], Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition reserving the right of the individual members of the Petitioner Association to work out their remedy before appropriate forum in the manner recognized by law and he made an endorsement to that effect in the court record. 3.

In fine, this Writ Petition is dismissed as withdrawn with such clarification. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gd

To

1. The Chief Secretary, The State of Tamil Nadu, Secretariat, Chennai - 600 009.

2. The Principal Secretary to Government, Home, Prohibition & Excise Department, Fort St. George, Secretariat, Chennai - 600 009.

3. The Principal Secretary to Government, Labour & Employment Department, Fort St. George, Secretariat, Chennai - 600 009.

4. The Managing Director, TASMAC Ltd., 4th Floor, CMDA Tower - II, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

5. The General Manager (Personnel Welfare/ Deputy Commissioner of Labour, (Under Deputation from the Labour Department) 4th Floor, CMDA Tower - II, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

+1cc to the Government Pleader, S.R.No.40366 W.P. No. 11783 of 2017 AD(CO) PM/07/07/2022