This judgment closes a civil suit and connected applications after court-appointed election officers successfully conducted union elections. The court remunerated the officers and permitted newly elected office bearers to function.
Suit closed; newly elected office bearers permitted to function; election officers' remuneration fixed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2014
CORAM
THE HONOURABLE Mr. JUSTICE. S.TAMILVANAN
C.S.No.490 of 2013 and O.A.No.542 of 2013 and A.No.3256 of 2013
K.Chandrasekaran President
Tamil Nadu Electricity Board, Accounts and Executive Staff Union (Regn. No.2472) #29, Meeran Sahib Street, Anna Salai, Chennai - 600 002.
....... Plaintiff
vs.
General Secretary Tamil Nadu Electricity Board Accounts and Executive Staff Union,
29, Meeran Sahib Street, Anna Salai, Chennai - 600 002.
144, Anna Salai, Chennai - 600 002.
(Chairman of Wage Revision Committee) # 144, Anna Salai, Chennai - 600 002.
(Convener of Wage Revision Commitee) # 144, Anna Salai, Chennai - 600 002.
.... Defendants
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Civil Suit is filed under Order VII Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of the Original Side Rules, seeking judgment and decree for mandatory direction, directing the first defendant to convene the General Council Meeting of the Union immediately and in case, he fails, a direction to the President to convene the General Council and State Executive Committee to frame election rules to facilitate the Union to discuss the issues on the agenda and pass appropriate binding resolutions to carry out the duties as per bye-law 21 read with 26 (a); for mandatory direction to the fourth defendant directing to send the invitation to the plaintiff to represent TNEBAESU Union for discussions on wage revision and on other subjects relating to labour issues like work-load, bonus, etc and for the costs of the suit.
For Plaintiff : Mr.R.Krishnamoorthy, Senior Counsel for M/s. S.Elamurugan For Defendants : No Appearance * * * * *
J U D G M E N T
Heard Mr.R.Krishnamoorthy, learned Senior counsel appearing for the plaintiff. Pursuant to the order passed by this Court (R.Sudhakar, J), dated 26.07.2013, Advocate-Commissioner-cum-Election Officers, who were appointed by this Court, conducted the General Council Election for Tamil Nadu Electricity Board Accounts and Executive Staff Union properly. It is seen that there are three stages of election, hence, for conducting the election, the Court appointed four Advocate-Commissioners-cum-Election Officers and after the final round of election, they filed their report today on 20.06.2014.
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with the co-operation extended by all parties, the elections were conducted peacefully and office bearers were elected as stated in the Final Report and they have taken charges in their respective posts, namely, 1.PresidentK.Chandrasekaran, 2. General Secretary - R.Chandrasekaran, 3. Finance Secretary-E.Sithaiyan, 4. Women Organiser - R.Revathi, 5. For Regional Secretary Posts (i) Chennai North - K.Abdul Kalam Azad, (ii) Chennai South - M.K.Purushothaman, (iii) Vellore - T.Dayalan, (iv) Erode - S.Murugesan, (v) Coimbatore - G.Gopal, (vi) Tirunelveli - S.Ayyanperumal, (vii) Madurai - S.Mahalingam, (viii) Trichy - M.Periasamy and (ix) Villupuram - P.Anbazhagan and the Advocate-Commissioners-cum-Election Officers have produced the entire ballot papers, nomination papers, CDs recording the election process and counting and also the counting sheets, which were verified by this Court. However, there is no representation for the defendants. It is submitted that the election was conducted peacefully, as per procedure and there was absolute majority for the winning candidates.
that the Advocate-Commissioners-cum-Election Officers have conducted the elections properly, as per procedure. The nomination papers, ballot papers, the CDs recording the election process and counting and the counting sheets were
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properly packed and produced by the Advocate-Commissioners before this Court for verification. The CDs and other documents produced before this Court are returned after verification to the plaintiff Union, to be kept in safe custody for one year.
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cadres of office, for which they are elected and they are also permitted to operate Bank Accounts, as per Bye-laws.
While disposing the suit, this Court records its appreciation for the commendable service rendered by Mr.R.Krishnamoorthy, learned Senior counsel and the Advocate-Commissioners-cum-Elections Officers, Thiru.V.Bharathidasan, Thiru.R.Prathap Kumar, Thiru.P.Sathish, Thiru.A.Saravanan, for conducting the election of a big staff union in the State, having three phases of election, in a smooth and proper manner, considering the democratic process and the welfare of the members of the staff union.
20.06.2014
Index : Yes/No Internet: Yes/No
Note to Office : Issue order copy on 23.06.2014 .
kal / tsvn
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S.TAMILVANAN, J
kal / tsvn
C.S.No.490 of 2013
20.06.2014
K.Chandrasekaran
1. S.V.Angappan
2. The Chairman-cum-Managing Director Tamil Nadu Generation and Distribution Corporation Limited
S.Tamilvanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
