State Transport Driver, Conductor And Technical Workers Union, v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA State Transport Driver, Conductor and Technical Workers Union, Rep. by its Deputy General Secretary, Mr.V.Guruvu, S/o.Velusamy, No.102, South Street, Senthattiyapuram Pudur, Sivagiri Taluk - 627 757, Tenkasi District. ... Petitioner vs.
1.The Managing Director, Tamil Nadu State Transport Corporation 23/2, Thoothukudi Road, V.M.Chathiram, Kattabomman Nagar, Tirunelveli District.
2.The General Manager, Tamil Nadu State Transport Corporation Vannarpet, Tirunelveli District.
3.The Assistant Manager (Disciplinary), Tamil Nadu State Transport Corporation 1/6
Tirunelveli Division, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from giving double duty thereby insisting the petitioner to work beyond eight hours per day so far as the petitioner Sangam, enabling to work only in shift method.
For Petitioner :
Mr.N.Shanmuga Selvam For Respondents :
Mr.D.Jebaraj Standing Counsel
O R D E R
The petitioner has filed this writ petition seeking to issue a writ of mandamus forbearing the respondents from giving double duty to the drivers and conductors and insisting them to work beyond eight hours per day and enable them to work only in shift method.
2. The petitioner is the State Transport Driver, Conductor and Technical Workers Union represented by its Deputy General Secretary. Since the drivers and conductors of the petitioner Union were asked to do double duty, the petitioner Union has come up with this petition. 2/6
3. Mr.N.Shanmuga Selvam, learned counsel appearing for the petitioner submitted that this Court in W.P.(MD)No.2107 of 2024 dated 02.02.2024 in the case of S.Murugan vs. The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli Ltd.), Tirunelveli, which involved similar facts and circumstances, has directed the respondents therein not to give double duty and to give single duty to the petitioner therein.
4. Mr.D.Jebaraj, learned Standing Counsel appearing for the respondents submitted that if the petitioner happens to be an Union, then they have to file a Public Interest Litigation and only an individual can file the writ petition seeking the present relief.
5. As could be seen, already an order has been passed in W.P. (MD)No.2107 of 2024 on 02.02.2024 preventing the respondents therein from assigning double duty to the petitioner therein (driver). So, it is open to the members of the petitioner Union to give individual representations to the first respondent and on receipt of such 3/6
representations, the first respondent shall abide by the order of this Court in the earlier writ petition in W.P.(MD)No.2107 of 2024 and not engage the servants of the petitioner Union in duty for more than eight hours, if they are not willing to do extended hours of work.
6. Accordingly, this writ petition is disposed of. No costs. 03.04.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 4/6
To 1.The Managing Director, Tamil Nadu State Transport Corporation 23/2, Thoothukudi Road, V.M.Chathiram, Kattabomman Nagar, Tirunelveli District.
2.The General Manager, Tamil Nadu State Transport Corporation Vannarpet, Tirunelveli District.
3.The Assistant Manager (Disciplinary), Tamil Nadu State Transport Corporation Tirunelveli Division, Tirunelveli District.
R.N.MANJULA, J.
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