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Madras High CourtWP(MD)/7550/2019disposed of

Pandyangrama Bank Workers v. The Chairman,

2019-06-24Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.7550 of 2019 Pandyangrama Bank Workers Union, Regn No.457/VDR, Rep., by its General Secretary Mr.J.Mathavaraj Pandyan Grama Bank, Soolakkarai, Virudhunagar 626 003

...Petitioner

-VsThe Chairman, Pandyangrama Bank, Adminstrative Office, Virudhunagar.

...Respondent

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondent to accord recognition to the petitioner Union, based on the representations of the Union dated 24.07.2017 and 07.01.2019. For Petitioner : Ms.D.Geetha For Respondent : Mr.N.Dilipkumar

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondent to accord recognition to the petitioner Union, based on the representations of the Union dated 24.07.2017 and 07.01.2019.

2.Heard Ms.D.Geetha, learned counsel appearing for the petitioner and Mr.N.Dilipkumar, learned Standing Counsel appearing for the respondent.

3. In order to recognize the petitioner workers Union in the name of Pandyan Grama Workers Union, request has been given by the petitioner on 24.07.2017 and 07.01.2019 and the same has not been decided by the respondent so far. Therefore, the petitioner is before this Court.

4. I have heard Mr.N.Dilipkumar, learned Standing Counsel for the resondent Bank, who on instructions, would submit that, as per the Central Government Notification, the respondent/Pandya Grama Bank and the Pallavan Grama Bank were merged in the new name called 'Tamil Nadu Grama Bank'. By virtue of merger and new name of the Bank, the request of the petitioner as if that Pandyan Grama Bank Workers Union cannot be recognized and in this regard,

if at all the petitioner wants to get recongnition, they can make a fresh application accordingly in the name of the 'Tamil Nadu Grama Bank Workers Union, after making necessary changes and if such application is filed, that would be considered and orders would be passed thereon on merits.

5. For the said submision made by the learned Standing Counsel appearing for the respondent, the learned counsel for the petitioner submits that, in view of the merger having been taken place, the petitioner wants to make a fresh application in the fresh name i.e., Tamil Nadu Grama Bank Workers Union, after making necessary changes and once such application is made, let the respondent Bank considers it and decides it on merits as per the earlier request made by the petitioner Union.

6. I have considered the said submission made by the learned counsel appearing for both sides and having regard to the facts and circumstances of the case and by taking note of the fact that the respondent Bank has got merged with yet another Bank by the decision of the Central Government and accordingly, the new Bank called "Tamil Nadu Grama Bank", has now become in the reality, the present application made by the petitioner in the name of Pandyan Grama Bank Worker Union, as rightly pointed out by the learned counsel appearing for the respondent, cannot be considered as such, but at the same time, while a fresh application is filed by the petitioner Union in the new name called Tamil Nadu Grama Bank Workers Union, then the respondent can consider the same.

7. In that view of the matter, this Court is inclined to dispose the writ petition with the following directions:- "that the petitioner Union shall give a fresh application in the name of Tamil Nadu Grama Bank Workers Union for seeking recognition, to the respondent Bank i.e., in the name of Tamil Nadu Grama Bank and if such application is filed, the same shall be considered and decided on merits and in accordance with law by the respondent Bank at the earliest preferably within a period of three months from the date of receipt of such fresh application.

No costs.

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS)

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-71296[F] dated 25/06/2019 ) +1 CC to M/s.D.GEETHA, Advocate ( SR-71094[F] dated 25/06/2019 ) RMK Order made in W.P.(MD)No.7550 of 2019 24.06.2019 KM/(15.07.2019) 3P 3C