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Madras High CourtWP(MD)/18274/2014dismissed as infructuous

Vijayakumar, v. The Assistant Labour

2023-10-16Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM:

THE HONOURABLE MS.JUSTICE B.PUGALENDHI and M.P(MD).No.3 of 2014 1.Vijayakumar 2.Ilayaraja 3.Baskar 4.Esakki Muthu 5.Paramasivan ... Petitioners Vs.

1.The Assistant Labour Commissioner ©, No.DA2, BSNL Staff Quarters, Jayanagar, Reddiarpalayam, Pondicherry-605 010.

2.General Manager, Bharat Heavy Electricals Limited, High Pressure Boiler Plant, Tiruchirappalli-620 010.

3.The President, Tamilnadu Indian National Trade Union Congree (INTUC), Chennai.

4.General Secretary, Boiler Plant Employees Union/INTUC, BHEL, Trichy-625 014.

5.Kathirvelu, General Secretary, Tamil Nadu INTUC, Chidambaranagar 2nd Street, Thoothukudi-628 008.

6.P.Balasubramanian, Staff No.2191849, Bharat Heavy Electricals Limited, High Pressure Boiler Plant, Tiruchirappalli-620 014.

7.C.Narayanan, Staff No.2126672, Bharat Heavy Electricals Limited, High Pressure Boiler Plant, Tiruchirappalli-620 014.

8.Balu @ P.Balasubramanian, Karmaveerar Eluchi Team, Boiler Plant Employees Union/INTUC, BHEL, Trichy-625 014,

9. R.Kalyanakumar, Kamarajar Team, Boiler Plant Employees Union/INTUC, BHEL, Trichy-625 014.

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the respondents 5 to 7 dated 06.10.2014 for disqualification of nomination and consequential order dated 07.10.2014 for declaration of election the result and quash the same as illegal, arbitrary and without

jurisdiction and furthermore direct the respondents 1 to 4 to issue fresh election notification for the period of 2014 to 2016. For Petitioner : No appearance For R1 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R4 and R9 : Mr.V.Karthikeyan

ORDER

This petitioner has approached this Court for issuance of writ of Certiorarified Mandamus, to call for the records of the respondents 5 to 7 dated 06.10.2014 for disqualification of nomination and consequential order dated 07.10.2014 for declaration of election result and quash the same and also direct the respondents 1 to 4 to issue fresh election notification for the period of 2014 to 2016.

2. This writ petition was filed on 12.11.2014, challenging the election proceedings, which was undertaken in the BHEL, Trichy.

3. When the matter is taken up for hearing, there was no representation on behalf of the petitioner.

4. The learned counsel for the respondents 4 and 8 submits that in this petition, the petitioner has challenged the election proceedings of the year 2014 and the period itself is over. Therefore, nothing survives in this writ petition.

5. Recording the submission of the learned counsel appearing for the respondents 4 and 9, the Writ Petition is closed as no further orders are required to be passed. No costs. Consequently, connected miscellaneous petitions are closed.

16.10.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No tta

To The Assistant Labour Commissioner ©, No.DA2, BSNL Staff Quarters, Jayanagar, Reddiarpalayam, Pondicherry-605 010.

B.PUGALENDHI,J tta Dated: 16.10.2023