CENTRAL ORGANISATION OF TAMILNADU ELECTRICITY EMPLOYEES REP BY ITS GENERAL SECRETARY Vs. TAMILNADU ELECTRICITY BOARD REP.BY ITS SECRETARY

JUDGEMENT

(1.) THE Writ Petition is filed by the Central Organisation of Tamil Nadu Electricity Employees (COTEE) affiliated to CITU. In this Writ Petition, the petitioner union challenged the validity of the Board Proceedings in (Permanent) B.P.(CH) No.77 (Secretariat Branch) dated 28th March 2007 along with the Board proceedings in (Permanent) B.P (Ch) No.111 (Secretariat Branch) dated 9th May 2007. By these two proceedings, the Tamil Nadu Electricity Board decided as a matter of principle to deduct yearly subscription from willing employees of various unions and associations if they make a specific request to the Board and the deduction should start from May 2007 to June 2007. It was also indicated that the willing employees should give written authorization to the Pay Drawing Officer concerned and in such an event, the detailed terms and conditions in this regard will be issued by the Board.

(2.) THE contention raised by the petitioner trade union as reflected in their representation sent to the Board dated 7.5.2007 was that the Board should not act on the basis of the requests made by their two trade unions and there must be negotiable settlement on this issue and the settlement should reach from the recognized and certainly affiliated unions and until such time, no deduction should be made by the Board.

(3.) THE very same question came to be raised by another trade union in the Tamil Nadu Electricity Board Engineer's Sangam rep.by its Secretary, Madurai Region vs. the Tamil Nadu Electricity Board in W.P(MD) No.4825 of 2007 dated 12.6.2007. This Court after referring to the earlier Division Bench judgment in the last two paragraphs held as follows: