The High Court closed Writ Appeals regarding trade union recognition elections after counsel submitted that the relevant National Textile Corporation Limited units were not functioning, rendering the election question moot while reserving decisions for future proceedings if mills reopen.
None. The writ appeals were closed.
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
DATE: 01.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MR. J. SATHYA NARAYANA PRASAD
W.A.Nos. 456, 466 & 467 of 2014 and
M.P.Nos. 1 & 2 of 2015 in W.A.No.456 of 2014 and 1 of 2014 & 2 of 2015 in W.A.No.466 of 2014
...Respondents in W.A.No.466/2014
W.A.No.456/2014 : Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 26.03.2014 made in W.P.No.7531 of 2014.
W.A.No.466/2014 : Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 26.03.2014 made in W.P.No.7531 of 2014.
W.A.No.467/2014 : Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 26.03.2014 made in W.P.No.8794 of 2014.
Prayer in W.P.No. 7531 of 2014: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified Mandamus calling for the records from the 1st Respondent relating to the circulars dated 19.2.2014 bearing reference No.NTC/SRO/IR/2014-02 read with the Tamilnadu N.T.C. Mills Recognition of Trade Unions through Secret ballot Rules dt. Nil bearing reference No. Nil Circulated on 17.2.2014 consequential circular dt. 26.2.2014 bearing reference No.NTC/ SRO/ IR/2014-02 along with the Tamilnadu N.T.C. Mills Recognition of Trade Unions through Secret ballot Rules dt. Nil bearing reference No. Nil circulated on 26.2.2014 quash the same as illegal arbitary and consequently direct the respondents 1 & 2 to conduct elections for Recognition of Trade Unions by secret ballot to the seven Units/Mills (i) Coimbatore Murugan Mills.. (ii) Sri Rangavilas Ginning, Spinnning & Weaving Mills (iii) Pankaja Mills (iv) C.S. & W.Mills (v) Combodia Mills (vi) Pioneer Mills and (vii) Kaleeswarar Mills “B” Unit belonging to the respondents in the state of Tamilnadu separately under the supervision/guidance of the 3rd respondent Assistant Commissioner of Labour (C), Madurai after holding discussions with all the
Unions in his presence to grant recognition for the Unions which secured 10% of the total votes polled in that unit/mill without including the retired/resigned/voluntarily retired and reemployed workers within a time frame.
Prayer in W.P.No.8794 of 2014: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 1st and 2nd respondent to conduct election by secret ballot for each of the 7 units separately and also at central level by permitting one union delegate for every 10% of the total votes secured both at the unit level and central level for recognition of the unions.
For Appellants: Mr.Balan Haridas
(Appellant in W.A.No.456/2014)
Mr.C.V.Vijayakumar (Appellants in W.A.No.466 & 467/2014)
For Respondents: Mr. K.Srinivasamurthy
(in W.A. No.456/2014) for M/s. Row & Reddy – R1 & R6
Ms. Geetha Thamariselvan, S.G.P. - R4 Mr. A.V. Bharathy – R5
For Respondents: Mr. K.Srinivasamurthy
(in W.A. No.466/2014) for M/s. Row & Reddy – R1, R5 & R7
Ms. Geetha Thamariselvan, S.G.P. - R2 Mr. A.V. Bharathy - R4
For Respondents: Mr. K.M. Ramesh – R1 (in W.A.No.467/2014) Ms. Geetha Thamariselvan, S.G.P. - R3
COMMON JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
When the Writ Appeals are taken up for hearing, learned counsel on either side submitted that 7 units of National Textile Corporation Limited are not functioning, hence, the question of conducting the election and deciding the issue involved in the Writ Appeals as to the causing of secret ballot does not arise.
in the Writ Appeals open and the same can be decided in an appropriate manner. We also give liberty to all the parties to file appropriate Writ Petitions seeking for appropriate relief in the case of Textile Mills are reopened.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
Rj
To
+1cc to Mr.K.M.Ramesh, Advocate, S.R.No.62766
W.A.Nos. 456, 466 & 467 of 2014 and M.P.Nos. 1 & 2 of 2015 in W.A.No.456 of 2014 and 1 of 2014 & 2 of 2015 in W.A.No.466 of 2014
BP(CO) RGA(03/01/2022)
Coimbatore Regional Mill Labour Union
National Textile Corporation Limited
Coimbatore Periyar District Dravida Panjalai Thozhilalar Munnertra Sangam
Assistant Labour Commissioner (Central)
Coimbatore and Periyar District Dravida Panjalai Munnertra Sangam
M. Duraismamy
J. Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
