Tamil Nadu Arasu Pokkuvarathu Kalaka Kumari Nellai Thoothukudi Mavatta Ottunargal, Nadathunargal v. The Secretary To The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Tamil Nadu Arasu Pokkuvarathu Kalaka Kumari Nellai Thoothukudi Mavatta Ottnargal, Nadathunargal Pathukappu Sangam (Reg.No.740/KKM) rep.by its General Secretary P.Kamaraj S/o.Ramadass 22/42A, Vadalikaattuvilai South Soorankudi Post Kanyakumari District ... Petitioner -vs1.The Secretary to the Government of Tamil Nadu Transport Department St.George Fort Chennai 2.Member Secretary / Organiser 15th Wage Settlement Negotiation Committee rep.by its Managing Director (i/c) Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai

3.The Labour Commissioner Labour Office Thenampettai Chennai 4.The Special Joint Commissioner Labour Office Thenampettai Chennai ... 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 Sangam to participate in the ongoing 12(3) wage settlement negotiation (15th wage Settlement) between the Government and the Trade Unions by considering the petitioner's representations dated 04.03.2024, 27.01.2025 and 10.02.2025. For Petitioner :

Mr.S.Vashik Ali For Respondents :

Mr.A.Baskaran Additional Government Pleader

O R D E R

Mr.A.Baskaran, learned Additional Government Pleader, takes notice for the respondents.

2. With the consent of both sides, this writ petition is disposed of at the admission stage itself.

3. This writ petition is filed seeking a writ of mandamus directing the respondents to permit the petitioner - Sangam to participate in the ongoing 12(3) wage settlement negotiations (15th wage settlement) between the Government and the Trade Unions by considering the petitioner's representations dated 04.03.2024, 27.01.2025 and 10.02.2025, within a time stipulated by this Court.

4. Learned counsel appearing for the petitioner would submit that the petitioner - Sangam is registered under the Trade Unions Act, 1926 on 28.08.2018. The petitioner - Sangam had 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 second respondent made an arrangement for conducting a meeting of 12(3) wage settlement between the Government and the Trade Unions scheduled to be held on 28.12.2024. However, the same was not conducted and it was postponed to some other date, without mentioning the date, due to the demise of the former Prime Minister. In this regard, the petitioner - Sangam has given

a representation dated 27.01.2025 to the respondents to permit them to participate in the upcoming 12(3) wage settlement negotiations. The second respondent issued a call letter to other Trade Unions to participate in the 15th Wage Settlement Negotiations scheduled to be held on 13.02.2025. However, the second respondent has not issued any call letter to the petitioner Sangam. Hence, the present writ petition.

5. Learned Additional Government Pleader appearing for the respondents would submit that the 12(3) wage settlement negotiations (15th wage settlement) has been commenced on 13.02.2025 and it is going on and the representations of the petitioner - Sangam will be considered and the petitioner - Sangam will be permitted to participate in the ongoing 12(3) wage settlement negotiations.

6. Considering the submissions made on either side and also recording the submissions made by the learned Additional Government Pleader appearing for the respondents, this Court directs the respondents to permit the representative of the petitioner - Sangam to participate in the ongoing 12(3) wage settlement negotiations.

7. With the above direction, this writ petition is disposed of. No costs.

19.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Secretary to the Government of Tamil Nadu, Transport Department, St.George Fort, Chennai.

2.Managing Director (i/c), Member Secretary / Organiser, 15th Wage Settlement Negotiation Committee, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, Chennai.

3.The Labour Commissioner, Labour Office, Thenampettai, Chennai.

4.The Special Joint Commissioner, Labour Office, Thenampettai, Chennai.

MUMMINENI SUDHEER KUMAR, J.

krk 19.02.2025