← Library
Madras High CourtCRP(MD)/2032/2018allowed

The General Secretary, v. K.Kannan,

2018-10-03Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP (MD) No.2032 of 2018 (PD) and CMP(MD) Nos.8976 & 9518 of 2018 1.The General Secretary, Labour Progressive Federation (L.P.F), 25, Thiyagaraya Nagar, North Usman Road, Chennai - 17.

2.Pugaloor Kagitha Aaalai LPF Labour Association, Rep.by its General Secretary, R.Periyasamy, having office at Kagithapuram, Pugalur, Karur - 639 136.

3.The Secretary, Tamil Nadu State Committee, Labour Progressive Federation (LPF), 25, Thiyagaraya Nagar, North Usman Road, Chennai -17.

... Revision Petitioners/ Defendants 1,3 & 9 Vs.

1.K.Kannan 2.M.Shanmugam .. Respondents 1 & 2/Plaintiffs 3.Pugaloor Kagitha Aaalai LPF Labour Association, Rep.by its President, E.Shanmugam, Kagithapuram, Pugalur, Karur - 639 136.

.. 3rd Respondent/2nd Defendant 4.T.Ambigapathi 5.R.Periyasamy 6.C.Kamaraj 7.V.Selvaraj 8.K.Gunasekaran .. Respondents 4 to 8/ Defendants 4 to 8

9.The Joint Commissioner of Labour, Collectorate, Dindigul District.

...9th Respondent/ 10th Defendant Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed by the learned Additional District Munsif, Karur dated 23.07.2018 passed in I.A No.659 of 2018 in O.S No.240 of 2018. For Petitioners : Mr.Ajay Gosh for Mr.A.Rahul For Respondents : Mr.V.Meenakshi Sundaram for (1 & 2) Mr.D.Nallathambi

ORDER

O.S No.240 of 2018 was instituted by Thiru.Kannan and Thiru.M.Shanmugam questioning certain election notifications pertaining to a trade union. An interim order was granted in the said suit. Questioning the same, this civil revision petition was filed. This court suspended the interim injunction granted by the court below by order dated 17.09.2018. To vacate the same, the plaintiffs in the suit filed CMP(MD)No.9518 of 2018. 2.Heard the learned counsel on either side.

3.The issue pertains to constitution of the five member Adhoc Committee which will represent the union in question in the wage negotiation process with the TNPL management. The parties on either side agree that three out of the five can be nominated by the Secretary of Tamil Nadu State Committee, Labour Progressive Federation (LPF). It is open to the plaintiffs in the suit to nominate the remaining two members in the said Adhoc Committee. 4.This civil revision petition is allowed on these terms. Interim order granted in the suit in O.S No.240 of 2018 is set aside. A direction is given to the learned Additional District Munsif, Karur to dispose of O.S Nos.216 and 240 of 2018 jointly within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions in CMP(MD)Nos.8976 & 9518 of 2018 are closed. Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-IV)

To 1.The Additional District Munsif, Karur.

+1 CC To MR.D.NALLATHAMBI, Advocate SR. NO. 88464 CRP (MD) No.2032 of 2018 (PD) and CMP(MD) Nos.8976 & 9518 of 2018 03.10.2018 SKM TR/RSK/SAR-IV(04.10.2018)3P 3C