In a writ petition filed for recognition and negotiation, the court upheld the respondent's impugned letter rejecting the request due to delays caused by existing 17 unions representing all employee categories. The petition was dismissed.
Writ petition dismissed; no costs awarded.
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 JUDICATURE AT MADRAS
DATED: 19.11.2019
CORAM:
THE HON'BLE MR.JUSTICE T.RAJA
W.P.No.4083 of 2017
Minvariya Anaithu Paniyalar Poriyalar Sangam, Rep. By its General Secretary S.Shanmugam, Plot No.3, 1st Floor, Harshini Home, Rukmani Ammal Street, Keelkattalai, Chennai – 17. .. Petitioner Vs
The Tamil Nadu Generation & Distribution
Corporation Limited, Rep. By its Chairman & Managing Director, 144, Anna Salai, Chennai – 2.
.. Respondent
Prayer:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records in letter No.77746/A3/A31/2015-1, dated 14.03.2016 on the file of the respondent and quash it and further direct the respondent to invite the petitioner for negotiations.
ORDER
The present writ petition is directed against the impugned letter dated 14.03.2016 of the respondent/the Chairman & Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Chennai, rejecting the request of the petitioner Sangam (Union) for grant of recognition of their Union.
to take care of the needs of all the categories of employees working under the respondent/TANGEDCO, in my considered view, enlarging of the list of Unions would further lead to delay in settling the issues concerning the employees. Moreover, the respondent/TANGEDCO have to engage higher officials during such discussion and therefore, since there are 17 already Unions representing all the categories of employees, enlarging the list of Union as requested by the petitioner will not be beneficial either to the employees or to the Management and on the contrary, this will promote industrial unrest. Therefore, the impugned letter dated 14.03.2016 refusing to recognize the petitioner Union and also to invite them for negotiations holds good.
Sd/-
Assistant Registrar(CS I)
//True Copy//
Sub Assistant Registrar
rkm
To
The Chairman & Managing Director,
The Tamil Nadu Generation & Distribution
Corporation Limited,
144, Anna Salai, Chennai – 2.
+1cc to Mr.P.R.Dhilipkumar,, Advocate, S.R.No.96699
+1cc to Mr.V.Raghavachari, Advocate, S.R.No.96359
W.P.No.4083 of 2017
CA(CO) CS/30/12/2019
2 issues framed by the court
Whether the impugned letter rejecting the recognition of the petitioner Union was maintainable.
Whether directing the respondent to invite the petitioner Union for negotiations was legally sustainable.
Minvariya Anaithu Paniyalar Poriyalar Sangam
Tamil Nadu Generation and Distribution Corporation Limited
T.Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
