N. Devandra v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10/3/2020 C O R A M THE HON'BLE MR.JUSTICE V.PARTHIBAN Writ Petition No.26884 of 2018

1. N. Devandran

2. N. Ganesa Perumal

3. R. Pulendran

4. S. Rajaram

5. N. Sivasubramanian

6. K.C.Rajhenthiran

7. A. Thangamani

8. P. Sekar

9. S. Rajamani

10. R. Senthil Kumaran

11. K. Saravanan

12. K. Lochana

13. M.D.Malliga

14. K. Jayalakshmi

15. M. Ramar

16. B. Prasana Kumari

17. L. Nirmal Veera Raja Kumari

18. S. Maharajan

19. I.R.Manimegalai

20. S. Jeyanthi

21. G.M.Sathish Kumar

22. K. Mohamed Alimullah

23. S. Vijay

24. T. Krishnakumar

25. N. Rajasree

26. R. Vinoth Kumar

27. C. Ganesan

28. S. Thanigaivel

29. S. Jayaprakash

...Petitioners

1. The Chairman

2. The Deputy Chairman-cum- Chairman of The Departmental Promotion Committee

3. The Chief Engineer

...Respondents

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to give financial upgradation under modified assured Career Progression Scheme on completion of every 10 years, from the date of joining to the petitioners and confer all the consequential benefits.

For petitioners ...

Mr.C.Selvaraj Senior Counsel for Mr.K.Govindan For respondents ...

Mr.M.R.Dharanichander

O R D E R

When the matter is taken up for hearing, learned counsel appearing for the Port trust would submit that the very same issue which is projected in the writ petition is the subject matter of Industrial Dispute in I.D.No.4 of 2019, pending before Central Government Industrial Tribunal.

2. On behalf of these employees, the Union approached the Government and raised a dispute and the Government, vide proceedings, dated 27/11/2018, has passed orders referring the dispute for adjudication before the Central Government Industrial Tribunal. It also appears that a claim statement has been filed on behalf of the Union before the Tribunal and from the prayer, it could be seen that the very same relief is sought in the claim statement.

3. In view of the pendency of the dispute before the Tribunal, after reference by the Central Government, this Court does not think that the present writ petition is entertainable.

4. In view of the pendency of the dispute before the Industrial Tribunal, writ petition is dismissed, as being not maintainable, without prejudice to the rights of the petitioners in the pending dispute before the Industrial Dispute. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To

1. The Chairman

2. The Deputy Chairman-cum- Chairman of The Departmental Promotion Committee

3. The Chief Engineer Writ Petition No.26884 of 2018 RR(CO) SP(17/07/2020)