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Madras High CourtWP(MD)/20918/2019dismissed

Tamil Nadu Govt. Transport Corporation v. Tamil Nadu State Transport Corportion

2019-09-27Honourable Ms.Justice V.M.Velumani2 pages

W.P.(MD)No.20918/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.20918 of 2019 and W.M.P(MD).Nos. 17494 and 17495 of 2019 Tamil Nadu Government Transport Corporation Staff Federation Pudukulam Branch By its Secretary S.Palaniraj Residing at M.Subbula Puram Village Andipatti Taluk Theni District ....Petitioner Vs 1.Tamil Nadu State Transport Corporation Madurai Limited, By its General Manager Bye Pass Road Madurai 16 2.Tamil Nadu State Transport Corporation Madurai Limited By its Branch Manager of Pudukulam Branch Madurai 20 ....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the Impugned Rotation Batch, dated 20.09.2019 and quash the same. For Petitioner : Mr.K.Murugesan

ORDER

This Writ petition has been filed to call for the records of the Impugned Rotation Batch, dated 20.09.2019 and quash the same. 2.According to the petitioner, he is Secretary of the petitioner Trade Union. The petitioner Trade Union functioned for the welfare of the employees. As per 2008 settlement between the Tamil Nadu State Transport Corporation and its Trade Union, it was mutually agreed to follow a Rotation Batch System for the running crew, for every year. In this circumstance, the first respondent issued a notification bearing CD/C3/290/19, dated 14.06.2019, directed all its branch, including the second respondent to strictly follow the rules and procedure by virtue of its circular to all the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20918/2019 Branch Manager, dated 23.06.2019. But, the second respondent deliberately violated the rules and procedure, dated 14.06.2019 and finalized the Rotation Batch in a hurried manner on 20.09.2019, by his own whims and fancies. Hence, the petitioner has come up with the present Writ Petition.

3.The grievance of the petitioner is that the second respondent has not followed the rules and procedure formulated by the first respondent, dated 14.06.2019 in violation of settlement entered. The Writ petition is not maintainable for the relief sought for. However, it is open to the petitioner to approach the appropriate forum for redressal of their grievance. 4.Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS ) To

1. Tamil Nadu State Transport Corporation Madurai Limited, By its General Manager Bye Pass Road Madurai 16

2. Tamil Nadu State Transport Corporation Madurai Limited By its Branch Manager of Pudukulam Branch Madurai 20 +1 CC to Mr.J.SENTHIL KUMARAIAH, Advocate ( SR-90073[F] dated 27/09/2019 ) +1 CC to Mr.K. MURUGESAN, Advocate ( SR-90486[F] dated 30/09/2019 ) W.P.(MD) No.20918 of 2019 and W.M.P(MD).Nos. 17494 and 17495 of 2019 27.09.2019 msaVB(23.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2