Petitioner filed a writ under Article 226 seeking mandamus against a non-State union regarding election disputes. The court noted the admission that the union is not a state under Article 12 and the petitioner withdrew the petition, directing them to approach the appropriate forum.
Liberty granted to approach the appropriate forum.
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.
IN THE HIGH COURT OF JUDIATURE AT MADRAS DATED:02.04.2018 CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7368 of 2018
and W.M.P.No.9151 of 2018
P.Prabakaran ..Petitioner
vs
1.The Director, Head Quarters, Chairman(Membership Verification Committee), Office of the Chief Post Master General, Chennai – 600 002. 2.The Chief Postmaster General, Office of the Chief Post Master General, Tamil Nadu Circle, Chennai – 600 002. 3.The Senior Manager, Mail Motor Service, No.37, Greams Road, Chennai – 600 006. 4.The General Secretary, All India RMS & MMS Employees Union Group-C, NFPE-R3, 17/4-C, P & T Colony, Kalibari Marg, New Delhi – 110 001. 5.Mr.R.Rajendran, M.V.Mechanic, Divisional Secretary, All India RMS & MMS Employees Union Group-C, NFPE-R3, Mail motor Service, No.37, Greams Road, Chennai – 600 006. 6.The Divisional President, All India RMS & MMS Employees Union Group-C, NFPE-R3, Mail Motor Service, No.37, Greams Road, Chennai – 600 006. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to accept the membership verification
form submitted by the petitioner based upon the acceptance letter dated 12.05.2017 forwarded by the fourth respondent to the respondents 3 & 5 who are competent to accept the same and thereby permit the petitioner to participate in the Divisional Conference(Election) of Mail Motor service at Chennai for the All India RMS & MMS Employees Union Group-C for the year 2018.
For Petitioner : M/s.K.Senthilkumar
The learned counsel for the petitioner contended that the rights of the petitioner to participate in the Union Elections are involved and therefore, the writ petitioner has chosen to file the present writ petition.
2.However, it is admitted that the disputes are relating to the Union Elections and the rights of its members. The respondent Association being not a State within the meaning of Article 12 of the Constitution of India, no writ can be entertained against the Union/Association. At this juncture, the learned counsel appearing on behalf of the writ petitioner has chosen to withdraw the writ petition and requested for a liberty to move the appropriate Court of law for redressal of the grievances of the writ petitioner. Liberty is granted to approach the appropriate forum.
3.Accordingly, the writ petition stands dismissed as withdrawn. No Costs. Consequently, connected miscellaneous petition is also dismissed.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
kak
To
1.The Director, Head Quarters,
Chairman(Membership Verification Committee), Office of the Chief Post Master General, Chennai – 600 002.
SM:9.4.2018
W.P.No.7368 of 2018
1 issue framed by the court
Whether the writ petition maintaining jurisdiction against a non-State union election dispute is maintainable when withdrawn.
1 provisions across 1 enactments
P.Prabakaran
The Director, Head Quarters, Chairman(Membership Verification Committee), Office of the Chief Post Master General, Chennai
The Chief Postmaster General, Office of the Chief Post Master General, Tamil Nadu Circle
The Senior Manager, Mail Motor Service, No.37, Greams Road, Chennai
The General Secretary, All India RMS & MMS Employees Union Group-C, NFPE-R3, New Delhi
Mr.R.Rajendran
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
