Tamil Nadu Arasu Pohuvarathu Kalaka Thozhilalargal v. The Secretary To The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025 CORAM :
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Tamil Nadu Arasu Pohuvarathu Kalaka Thozhilalargal Urimai Medpu Sangam, (TNKKRJCLTNELTU50-21-00061), Rep. by its General Secretary, S.Rajendran ... Petitioner Vs.
1.The Secretary to the Government of Tamil Nadu, Transport Department, St.George Fort, Chennai.
2.The Managing Director, Metropolitan Transport Corporation, Pallavan Salai, Chennai.
3.The Labour Commissioner, Labour Office, Thenampettai, Chennai.
4.The Special Joint Commissioner, Labour Office, Thenampettai, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to permit the petitioner Sangam to participate in the forthcoming 12(3) wage settlement negotiations (15th wage settlement) between the Government and the 1/5
Trade Union by considering the petitioner's representation dated 26.12.2024 within a time stipulated by this Court.
For Petitioner : Mr.R.Murugan For Respondents : Mr.P.Thambidurai, Government Advocate
ORDER
This Writ Petition is filed seeking for a direction to the respondents to permit the petitioner Sangam to participate in the forthcoming 12(3) wage settlement negotiations (15th wage settlement) between the Government and the Trade Union by considering the petitioner's representation dated 26.12.2024 within a time stipulated by this Court.
2.The learned counsel appearing for the petitioner would submit that the petitioner Sangam is registered under the Trade Unions Act, 1926 on 29.09.2021. The petitioner Sangam had not participated in the previous wage settlement negotiations and the members of the petitioner Sangam are also sending their grievances to the Sangam. In the meantime, the 2nd respondent made an arrangement for conducting a meeting of 12(3) wage settlement between the Government and the Trade Union scheduled to be held on 28.12.2024. However, the same was not conducted and was postponed to some 2/5
other date. In this regard, the petitioner has given a representation dated 26.12.2024 to the respondents to permit them to participate in the forthcoming 12(3) wage settlement negotiations. However, the same has not been considered so far.
3.The learned Government Advocate appearing for the respondents would submit that the representation of the petitioner will be considered and the petitioner Sangam will be permitted to participate in the forthcoming 12(3) wage settlement negotiations.
4.Considering the submissions made on either side, having recorded the submissions made by the learned Government Advocate, this Court directs the respondents to permit the representative of the petitioner Sangam to participate in the forthcoming 12(3) wage settlement negotiations. 5.With the above direction, this Writ Petition is disposed of. No costs.
10.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/5
To 1.The Secretary to the Government of Tamil Nadu, Transport Department, St.George Fort, Chennai.
2.The Managing Director, Metropolitan Transport Corporation, Pallavan Salai, Chennai.
3.The Labour Commissioner, Labour Office, Thenampettai, Chennai.
4.The Special Joint Commissioner, Labour Office, Thenampettai, Chennai.
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KRISHNAN RAMASAMY, J Yuva 10.01.2025 5/5