Arokiasamy.V v. The State Of Tamilnadu Rep By

1 W.P.(MD)NO.19742 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19742 of 2022 and W.M.P.(MD)No.14410 of 2022

1. V.Arockiasamy, S/o.Victoria Devadoss, Conductor, TNSTC Labour Progressive Front, Karaikudi, Sivagangai District.

2. M.Pandy, S/o.Muniyandy, Conductor, TNSTC Labour Progressive Front, Rameswaram, Ramanathapuram District.

3. M.Peter Raja, S/o.Maria Singarayar, Driver, TNSTC Labour Progressive Front, Devakottai, Sivagangai District.

... Petitioners Vs.

1. State of Tamil Nadu, Rep. By the Secretary to Government, Department of Labour and Employment, Fort St. George, Chennai - 600 009.

2. The Commissioner of Labour, Department of Labour and Employment, Teynampet, Anna Salai, Chennai.

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2 W.P.(MD)NO.19742 OF 2022

3. The Deputy Commissioner of Labour, O/o.The Deputy Commissioner of Labour, Madurai.

4. The Assistant Commissioner of Labour, O/o.The Deputy Commissioner of Labour, Sivagangai.

5. Melur V. Alphonse, General Secretary, Madurai Region / Election Commissioner for Karaikudi Branch, at Tamil Nadu State Transport Corporation, Palaganatham, Madurai.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to declare the results of the branch election as null and void, appoint an Election Commissioner and to conduct fresh election to office bearers of Labour Progressive Front of Tamil Nadu State Transport Corporation, duly permitting all the eligible employees who are members for the preceding two years to vote.

For Petitioners : Mr.M.V.Venkatesan For R-1 to R-4 : Mr.M.Sarangan, Additional Government Pleader.

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3 W.P.(MD)NO.19742 OF 2022

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 to 4.

2. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with.

3. The petitioners have submitted representations dated 22.08.2022 before the third respondent for nullifying the results of the petition mentioned election.

4. The third respondent is directed to conduct an enquiry and after hearing the stakeholders, pass final order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

5. I make it clear that I have not gone into the merits of the matter. It is open to the third respondent to pass final order one way or the other. All the defences and the 3/5

4 W.P.(MD)NO.19742 OF 2022 contentions of the respective parties are left open. This writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

26.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. State of Tamil Nadu, Rep. By the Secretary to Government, Department of Labour and Employment, Fort St. George, Chennai - 600 009.

2. The Commissioner of Labour, Department of Labour and Employment, Teynampet, Anna Salai, Chennai.

3. The Deputy Commissioner of Labour, O/o.The Deputy Commissioner of Labour, Madurai.

4. The Assistant Commissioner of Labour, O/o.The Deputy Commissioner of Labour, Sivagangai.

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5 W.P.(MD)NO.19742 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.19742 of 2022 26.08.2022 5/5