Kudankulam Nuclear Power Employees Union v. The Under Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI 1.Kudankulam Nuclear Power Employees Union, Represented by its General Secretary, Mr.S.Renganathan, S/o.R.Subbaiah, Reg.No.1078 /TVL, Tirunelveli - 627 106.

2.S.Rajalingam 3.K.Ramesh : Petitioners Vs.

1.The Under Secretary, Ministry of Personnel, P.G. & Pensions, Department of Personnel & Training, North Block, New Delhi - 110 001 2.The Chairman and Managing Director, Anusakthi Nagar, Mumbai - 400 094.

3.The Director of (HR), Nuclera Power Corporation of India Limited, Anusakthi Nagar, Mumbai - 400 094.

4.The Site Director, 1/4

5.The Deputy General Manager Head(HR), 6.The Deputy General Manager HR (Employees Relation), : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus directing the respondents to declare the Poll days of the Rural Local Body Elections in Tamil Nadu on 27.12.2019 and 30.12.2019 and all subsequent poll days of Rural Local Body Elections in Tamil Nadu as Public Holidays or in the alternative grant special casual leave to the employees of the Kudankulam Nuclear Power Project, Nuclear Power Corporation of India Limited in tune with the Notification issued by the State Government vide G.O.Ms.No. 184 Rural Development and Panchayat Raj (PR.1 Department) dated 24.12.2019 within the time period stipulated by this Court.

For Petitioners : Mr.Rajasekar

ORDER

Heard the learned Counsel appearing for the petitioners. 2.According to the petitioner, the petitioners submitted a representation dated 24.02.2020 to the respondents to declare the Poll days of the Rural Local Body Elections in Tamil Nadu on 27.12.2019 and 30.12.2019 and all subsequent poll days of Rural Local Body Elections in Tamil Nadu as Public Holidays or in the alternative grant special casual leave to the employees of the Kudankulam Nuclear Power Project, Nuclear Power Corporation of India Limited in tune with the Notification issued by the State Government vide G.O.Ms.No. 184 Rural Development and Panchayat Raj (PR.1 Department) dated 24.12.2019. However, the representation of the petitioners has not been considered so far. Therefore, the petitioner is before this Court.

3.When the matter is taken up for hearing today, learned Counsel for the petitioner submitted that it would be suffice if the representation of the petitioners dated 24.02.2020 is directed to be disposed of, within a stipulated time limit.

2/4

4.In view of the limited relief sought for, this Court, without expressing anything on the merits of the case, directs the respondents to consider the petitioner's representation dated 24.02.2020 in line with G.O.Ms.No. 184 Rural Development and Panchayat Raj (PR.1 Department) dated 24.12.2019 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) dsk To 1.The Under Secretary, Ministry of Personnel, P.G. & Pensions, Department of Personnel & Training, North Block, New Delhi - 110 001 2.The Chairman and Managing Director, Anusakthi Nagar, Mumbai - 400 094.

3.The Director of (HR), Nuclera Power Corporation of India Limited, Anusakthi Nagar, Mumbai - 400 094.

4.The Site Director, 3/4

5.The Deputy General Manager Head(HR), 6.The Deputy General Manager HR (Employees Relation), +1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-3546[F] dated 02/02/2022) +1 CC to M/s.SPL.GP ( SR-3721[F] dated 02/02/2022 ) 01.02.2022 gm(CO) GC(31.03.2022) 4P 9C 4/4