SHANMUGAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by the General Secretary of Labour Progressive Federation. The prayer in the writ petition is for a direction to the respondent State and the various State Transport corporations aligned as respondents 2 to 9 not to entertain any trade unions except the Labour Progressive Federations for the duration of its recognition with respect to the grievances of the workers of the respondents / transport corporations in relation to service conditions.

(2.) WHEN the matter came up on 22.8.2011, this court directed the learned Special Government Pleader to take notice for the first respondent and notice was directed to serve on the other transport corporations. Though connected matter, i.e., W.P.No.12609 of 2011 filed by the same petitioner for the prayer not to withdraw or deprive the role of the petitioner union and its privileges and the existing practices and not to promote the present 11th respondent, i.e.,Anna Tholir Sanga Peravai and its affiliates in the matter of duties and preparation of roaster for running crew and running technical and clerical cadres. It was reported that the said matter is pending before the another learned Judge. Therefore, it could not be tagged along with this writ petition. But, when this court found that the petitioner was seeking a direction against third party trade unions, it had observed that in the absence of those unions before this court, the present writ petition cannot be adjudicated.

(3.) HEARD the arguments of Mr.V.Prakash, learned Senior Counsel leading Mr.K.Sudalaikannu, learned counsel appearing for the petitioner, Mr.S.Rajeswaran, learned Special Government Pleader for first respondent, Mr.V.R.Kamalanathan, learned Standing Counsel for respondents 2 to 9, Mr.R.Yashod Varadhan, learned Senior Counsel leading Mr.S.Muthuraj, learned counsel for 11th respondent, Ms.Ramapriya Gopalakrishnan for 16th respondent, Mr.S.Arunachalam, learned counsel for 19th respondent, Mr.V.Ajoy Khose, learned counsel for 20th respondent and Mr.R.Y.George Williams, learned counsel for 13th respondent.