Dismissing a writ petition filed over 16 years after the impugned notice, the Court held that it was not inclined to examine the merits and the remedy lay with a different forum.
Dismissal of the Writ Petition; No costs; Closure of connected miscellaneous petitions.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.14557 of 2004 and
WMP. Nos.17253 & 17254 of 2004
S.Mohan ...Petitioner
Vs
....Respondents
(R8 impleaded as per Court order dated 16.09.2019 in M.P.No.48 of 2012 in W.P.No.14457 of 2004)
Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned notice dated 03.05.2004 bearing Circular No.3/2004 and quash the same and direct the 1st and 3rd to 6th respondents to take action on the illegal activities of the second respondent union and the seventh respondent.
For Petitioner : Mr.K.A.Ravindran
For Respondents : Mr.Lakshmanan for M/s.Iyer and Dolia for R2 Mr.S.Kanniah for R3 Mr.M.Perumbulavil Radhakrishnan for R8
O R D E R
This Writ Petition has been filed, seeking to quash the impugned notice dated 03.05.2004, bearing Circular No.3 of 2004, issued by the 2nd respondent, with a direction to the Respondents 1, 3 and 6 to take action on the illegal activities of the Respondents 2 and 7.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
dpq
To:
W.P.No.14557 of 2004
SSI(CO) RGA(28/09/2021)
2 issues framed by the court
Whether this Court can go into the merits of a 2004 notice issued more than 16 years ago.
Whether the present Writ Petition is maintainable given the existence of a different forum.
S. Mohan
Additional Registrar of Trade Unions
All India Overseas Bank Employees Union
Indian Overseas Bank
Regional Labour Commissioner
Secretary to the Government of India
S.Vaidyanathan
V. Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
