Arasu Pokkuvarathukazhaga v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.12.2021 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH WRIT PETITION NO.28153 OF 2021 Arasu Pokkuvarathukazhaga Manitha Urimaigal Thozhirchangam, (Registered No.246/TVM) Represented by its General Secretary R.Krishnan, No.56/22A, Thandarampattu Main Road, Thenimalai, Tiruvannamalai - 606 603.
....
Petitioner -Vs1. The Secretary to Government, Transport Department, Fort St.George, Chennai - 600 009.
2. The Commissioner of Labour, D.M.S.Campus, Tenampet, Chennai - 600 018.
3. The Member Secretary / The Conveneor, 14th Wage Settlement, Metropolitan Transport Corporation Limited, Pallavan Salai, Chennai - 600 002.
....Respondents Prayer :
Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 2nd and 3rd respondents to permit the petitioner trade union to participate in Tamil Nadu State Transport Corporation employees 14th wage settlement scheme to be held on 29.12.2021 at the office of the 3rd respondent.
For Petitioner : Mr.B.Jawahar For Respondents : Mr.Raveendran, Additional Advocate General Assisted by Mrs.C.Sangamithirai Special Government Pleader
O R D E R
The petitioner, which is a Trade Union, has sought for a mandamus, directing the 2nd and 3rd respondents to permit it to participate in the 14th Wage Settlement Scheme of the Tamilnadu State Transport Corporation Employees, which is presently ongoing today i.e., 29.12.2021.
2.The case of the petitioner is that it is a registered Trade Union having registered itself on 08.06.2019 in terms of the provisions of the Tamilnadu Trade Unions Act and bearing certificate registration No.246/TVM. All its members are employees of the State Transport Corporation. Admittedly, the petitioners have not been called either for the 1st or 2nd round of wage settlement talks.
3.Mr.Raveendran, learned Additional Government Pleader appearing for the Member Secretary of the Metropolitan Transport Corporation Limited, 14th Wage Settlement, would submit that the request of the petitioner is highly belated, specifically seeing that the petitioner has neither been either called for, participated in or objected to its exclusion in the 1st and 2nd rounds.
4.Mr.Raveendran would also draw attention to the list of registered Trade Unions annexed to communication dated 03.05.2021 received from the Office of the Labour Commissioner, wherein the petitioner figures at Serial No.318. He would however, say that since the petitioner has been registered only 08.06.2019 and the Form-E, which is the annual return of a registered Trade Union for the period 08.06.2019 to 31.12.2019 has been filed on 13.02.2020, it does not comply with the cut off date as stipulated by the learned Single Judge of this Court in WP.No.28081 of 2019 dated 07.11.2019.
5.The learned Single Judge in that case has considered the plea putforth by several Trade Unions, some registered and some unregistered, seeking participation in wage settlement. In conclusion, the learned Judge states that it is not for the Corporation to consider the plea of any or all Trade Unions, but to consider the plea of only those Trade Unions that were registered as on 31.08.2019, which is the cut off date fixed by
him for registration. This order has been accepted by the respondents.
6. Thus, going by the same, a Union registered as on 31.08.2019 would be entitled to participate in the wage settlement. The petitioner Union in the present case has been registered on 08.06.2019 and hence, in my view, should also be called upon to participate in the proceedings. 7.As far as the filing of E-return is concerned, no provision or rule is cited to indicate that the return dated 13.02.2020 is either belated or irregular. In any event, even assuming that E-returns have not been filed, consequences as per the Act would follow. For the purpose of participation in wage settlement talks, the only criterion is that the Union should have been registered as on 31.08.2019 and in the present case, the petitioner satisfies the aforesaid requirement. The mandamus as sought for by the petitioner stands achieved and this writ petition is allowed. No costs.
8.At this juncture, and in light of the order passed as aforesaid, learned Additional Advocate General would urge that the petitioner approaches R3 immediately to putforth his view points in regard to the wage settlement, in order that they may be taken note of in an appropriate manner, both today as well as on any future dates when the wage settlement talks might continue.
Sd/- Assistant Registrar(VO) //True Copy// Sub Assistant Registrar kkn/hvk To
1. The Secretary to Government, Transport Department, Fort St.George, Chennai - 600 009.
2. The Commissioner of Labour, D.M.S.Campus, Tenampet, Chennai - 600 018.
3. The Member Secretary / The Conveneor, 14th Wage Settlement, Metropolitan Transport Corporation Limited, Pallavan Salai, Chennai - 600 002.
+1cc to Mr.B.Jawahar, Advocate, S.R.No.69954 +1cc to the Government Pleader, S.R.No.69961 W.P.No.28153 of 2021 NMI(CO) PM/20/01/2022