TNCSC Employees Union, Represented by its State President, Chennai v. Tamil Nadu Civil Supplies Corporation, Represented by its Managing Director, Chennai
2019-09-05
S.M.SUBRAMANIAM
body2019
DigiLaw.ai
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents corporation to abide by Clause 3 of Settlement of 19.09.1991 and clause 5 and 6 of the settlement of 30.01.1997 unless the same is substituted by another settlement or an award and issue such further or other appropriate orders or directions as this Honourable Court may deem fit and proper in the facts and circumstances of the case, award costs and thus render justice.) 1. The relief sought for in the present writ petition is for a direction to direct the Respondents Corporation to abide by Clause 3 of Settlement of 19.09.1991 and clause 5 and 6 of the settlement of 30.01.1997 unless the same is substituted by another settlement or an award and issue such further or other appropriate orders. 2. The writ petitioner is TNCSC Employees Union. The grievances of the writ petitioner is that a preference to the qualified seasonal employees in the 'Direct Purchase Centers' [DPC], while filling the regular vacancies is to be provided. 3. In this regard, it is contended that the Clause 3 of Settlement dated 19.09.1991 is to be implemented. The same clause is incorporated in Clause 5 and 6 of the Settlement dated 30.01.1997 also. 4. The learned counsel for the writ petitioner states that undoubtedly subsequent settlements were also entered into between the Union as well as the Management. However, the learned counsel states that it is not made clear, whether all the eligible workmen are absorbed in the regular vacancy or not. However, the learned counsel appearing on behalf of the respondents made a submission that the writ petition cannot be entertained as the writ petitioners have not exhausted the effective alternate remedy provided under the ID Act. 5. It is further stated that 12(3) settlement dated 30.01.1997, which is sought to be adhered is a time barred one. 6. Under these circumstances, if at all, any of the clauses of the settlement is violated or not adhered to, the writ petitioner Union has to approach the Appellate Authority for the purpose of redressal of their grievances. The procedures as contemplated and the efficacious remedy available under the Act is to be exhausted before approaching the Hon'ble High Court.
6. Under these circumstances, if at all, any of the clauses of the settlement is violated or not adhered to, the writ petitioner Union has to approach the Appellate Authority for the purpose of redressal of their grievances. The procedures as contemplated and the efficacious remedy available under the Act is to be exhausted before approaching the Hon'ble High Court. The Hon'ble High Court cannot adjudicate the disputed issues in a writ proceedings under Article 226 of the Constitution of India. Such disputed issues and facts are to be adjudicated only by verifying the original records and by adducing evidences, if required. Such an exercise cannot be done in the writ proceedings and therefore, the petitioner has to exhaust the alternate remedy for the purpose of redressing their grievances, if at all any grievances exists as of now. 7. With this liberty, the writ petition stands dismissed. However, there shall be no order as to costs.