Dismissed

T.M.P.Ananthasayanan, v. The Additional Registrar of Trade Unions and Joint Commissioner of Labour

Madras HC17 Mar 2020WP/35232/2019

Case brief

AI extract

What is this about?

Petitioners filed a writ under Article 226 to prevent election due to prior contravention. The court held the petition infructuous after recording confirmation that elections at block and district levels were conducted. A direction was issued to the new body regarding remuneration release.

What did the court decide?

Directed the newly elected body to release remuneration and reimburse the petitioner.

T.M.P.Ananthasayanan, Vs The Additional… — Constitutional and Fundamental Rights | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 17.03.2020

¶3

C O R A M

¶4

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

¶5

W.P.No.35232 of 2019

¶6

and

¶7

W.M.P.Nos.36037 & 36038 of 2019

¶8

1.T.M.P.Ananthasayanan

¶9

2.T.Moorthy 3.N.Elumalai ...Petitioners Vs. 1.The Additional Registrar of Trade Unions & Joint Commissioner of Labour, Old Corporation Building, Officers Lane, Near Raja Theatre, Vellore – 632 001. 2.TamilNadu State Primary Co-operative Bank All Employees Union, No.12, Krishna Nagar, Tagbia Illam, Ranganathan Salai, Villupuram, Villupuram District.

¶10

3.A.M.Aasiriyadevan State Election Officer, TamilNadu State Primary Co-operative Bank All Employees Union, Othakadai Post, Madurai east circle, Madurai – 625 107. 4.R.Durai Kannu Joint State Election Officer, Peruvalapur Post, Elalkudi Circle, Tirchy – 621 651. ...Respondents

¶11

Prayer: Writ petition filed under Article 226 of Constitution of India praying to issue a writ of mandamus forbearing the respondents 2 to 4 from conducting the State Level election for the Tamil Nadu State Primary Co-Operative Bank All Employees

¶12

https://hcservices.ecourts.gov.in/hcservices/

¶13

Union in contravention of the order passed by this Court in W.P.No.17299 of 2019 dated 20.09.2019.

¶14

For Petitioner : Mr.D.Muthukumar for M/s.Paul&Paul For Respondents R1 : Mr.M.Venkadesh Kumar overnment Advocate R2 : Mr.L.Chandrakumar R3 & R4 : Mr.C.Selvaraj

¶15

O R D E R

¶16

The present writ petition has been filed directing the respondents 2 to 4 from conducting the State Level Election for the Tamil Nadu State Primary Co-operative Bank All Employees Union in contravention of the order passed by this Court in W.P.No.17299 of 2019 dated 20.09.2019.

¶17

This Court in W.P.No.17299 of 2019 passed the following order:

¶18

“9. The deliberate omission to conduct block level election for Villupuram District in spite of adequate membership renders the election for further hierarchy faree and void. Therefore, this Court has no hesitation in allowing the Writ Petition. At the time of admission, this Court, on 20.06.2019 has specifically ordered that any election will be subject to outcome of Writ Petition. Now, this Court for the reasons stated above hold that the Writ Petition deserves to be allowed and therefore, the State Level Election has to be conducted only after completion of Block Level and District Level Election for Villupuram District.”

¶19

The grievance of the petitioner was that the Block Level and District Level election was not conducted. Therefore, this Court granted stay as well as appointed Commissioners to the election for District Level and Block Level. Thereafter, the contempt petition was filed for non compliance of the order passed by this Court in W.P.No.17299 of 2019. This Court in C.P.No.2078 of 2019 dated 28.02.2020 has recorded that the election to Block Level and District Level was conducted as per bye laws. Para 7 reads as under:-

¶20

“7.From the petition and counter affidavit, this Court finds that the respondents have conducted election at Block Level and District Level and 'whether that was done in accordance with the bye-law' is the matter which has to be agitated independently. It cannot be raised in the contempt petition unless and until there is material to show violation of the direction of this Court.”

¶21

https://hcservices.ecourts.gov.in/hcservices/

¶22

The grievance with regard to irregularity in conduct of election, it is observed that they have to agitate independently. Now that it is submitted by the contesting respondent that the District Level and Block Level is conducted in accordance with bye-law, if there is any further grievance in respect of this election, it is always open to the petitioner, to agitate the same in the manner known to law. Insofar as the present writ petition is concerned, it has become infructuous.

¶23

It is submitted by the learned counsel for the petitioner that since the contesting respondents have succeeded the administration of office of the union, they have to release the remuneration paid, as ordered by this Court, to the Election Officer. A direction is given to the newly elected body to release the remuneration and reimburse the petitioner of the remuneration paid to the Election Officer.

¶24

The matter having become infructuous has been disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

¶25

Sd/-
Assistant Registrar(AD I)MDU
//True Copy//
Sub Assistant Registrar
bri
To
1.The Additional Registrar of Trade Unions
& Joint Commissioner of Labour,
Old Corporation Building,
Officers Lane, Near Raja Theatre,
Vellore – 632 001.
+1cc to M/s.Paul & Paul, Advocate, S.R.No.24292
+1cc to Mr.C.Selvaraj, Advocate, S.R.No.23659
+1cc to the Government Pleader,High Court,Madras,S.R.No.24084

¶26

W.P.No.35232 of 2019 and W.M.P.Nos.36037 & 36038 of 2019

¶27

BR(CO) KKV/24/07/2020

¶28

https://hcservices.ecourts.gov.in/hcservices/

T.M.P.Ananthasayanan, v. The Additional Registrar of Trade Unions and Joint Commissioner of Labour

Case brief

What is this about?

What did the court decide?

T.M.P.Ananthasayanan, v. The Additional Registrar of Trade Unions and Joint Commissioner of Labour

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Radhabai Vs G.Bheeman @ Bheema

The Management Vs T.Kannan

R.K.Venkatachalam Vs The Collector of Thiruvallur

Rev.N.Kaviraj George Vs Regional Provident Fund Commissioner-Ii

M/s.Smart Modern School Vs The Regional Provident Fund Commissioner II

Hindustan Motor Vs Government of Tamil Nadu