Research › Search › Judgment

Madras High Court · body

2013 DIGILAW 3150 (MAD)

Tamilnadu Minvariyam Assessors & Pothu Thozhilalar Sangam v. Chairman, Tamil Nadu Electricity Board, Chennai

2013-09-03

K.RAVICHANDRA BAABU

body2013
Judgment : 1. The prayer in the writ petition is seeking for a writ of mandamus to direct the respondents to include the petitioner union in the discussion/negotiation for settlement talks with regard to pay and allowances and revision of work allocation and staff pattern on the basis of their representation dated 16.09.2005. 2. Mr.S.N.Ravichandran, learned counsel appearing for the petitioner submits that the petitioner Association is a Registered Association and also got affiliated with the Indian National Union Trade Congress. It is also submitted by him that on earlier occasion, this Court by an order dated 08.05.2002 made in W.P.No.16053/2002, directed the respondents to consider the earlier representation given by the petitioner and to pass orders on merits. However, the said representation has not been disposed of. It is the grievance of the petitioner that as and when settlement talks were going on, the petitioner Association was not called for to take part in the negotiation. Therefore, they made a representation on 16.09.2005 requesting the respondents to include the petitioner union also in the discussion/negotiation for settlement talks. As the said representation was not considered by the respondents, the present writ petition is filed. 3. Heard the learned counsels appearing on either side. 4. The only grievance of the petitioner is that inspite of their representation made on 16.09.2005 seeking for inclusion of the petitioner union in the settlement talk, the respondents have not complied with their request. 5. It appears that the petitioner has already approached this court by way of a writ petition in W.P.No.16053/2002 wherein an order came to be passed on 08.05.2002. It is stated that inspite of an order passed in the said writ petition directing them to dispose of those representations, the Authority has not disposed of the same. On the other hand, the petitioners were not permitted to take part in the discussion/negotiation for settlement talks. Therefore, they once again filed their representation on 16.09.2005. 6. I consider that when a request is made by the petitioner, it has to be considered and decided on merits by the respondents and they cannot keep the matter pending for all these years. Learned counsel Mr.S.N.Ravichandran, submits that no order is passed on the said representation dated 16.09.2005 till this day. 7. 6. I consider that when a request is made by the petitioner, it has to be considered and decided on merits by the respondents and they cannot keep the matter pending for all these years. Learned counsel Mr.S.N.Ravichandran, submits that no order is passed on the said representation dated 16.09.2005 till this day. 7. Therefore, without making any observation on merits and contentions of the rival parties, I only direct the respondents herein to consider the said representation of the petitioner dated 16.09.2005 and pass orders on the same within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.