Madras High Court
National Employees Union vs Union Of India on 9 April, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.12664 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2025
CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.12664 of 2025
and
WMP.Nos.14262 & 14265 of 2025
National Employees Union,
Represented by its General Secretary, N.Dileep Kumar,
Having Office at : Bldg.No.158,
Cordite Factory Estate, Aruvankadu,
Aruvankadu PO, The Nilgirs – 643 202. ...Petitioner
Vs.
1. Union of India,
Rep. by the Secretary, Government of India,
Ministry of Defence, South Block,
New Delhi – 110 011.
2. The Secretary (Defence Production),
Government of India,
Ministry of Defence, South Block,
New Delhi – 110 011.
3. The Under Secretary (D-JCM),
Government of India,
Ministry of Defence,
136, B-Wing, Sena Bhawan,
New Delhi – 110 011.
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W.P.No.12664 of 2025
4. The Director General Ordnance,
Directorte of Ordnance (Coordination & Services),
Ayudh Bhawan, 10-A, S.K. Bose Road,
Kolkata – 700 001.
5. Directorate of Ordnance (C & S),
Field Unit Avadi, HVF Campus,
Avadi Chennai – 600 054.
6. Chairman and Managing Director,
Munitions India Ltd.,
A Governmet of India Enterprises,
Ministry of Defence,
2nd Floor, Nyati Unitree, Nagar Road,
Yerwada, Pune – 411 006, Maharashtra State.
7. The Chief General Manager,
Cordite Factory Aruvankadu,
A Unit of Munitions India Ltd.,
Aruvankadu P.O, The Nilgiris – 643 202.
8. Cordite Factory Labour Union,
Represented by its General Secretary/President,
R Hari Hara Subramanyan/G.Ravi,
Having Office at : Cordite Factory Aruvankadu Estate,
Jagathala Road, Aruvankadu P.O,
The Nilgiris – 643 202. ...Respondents
Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of Writ of Mandamus forbearing the 1st, 2nd and 3rd respondents
from granting recognition status to the 8th respondent union without proper
verification of documents pertaining to their recognition and their recognition
status.
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W.P.No.12664 of 2025
For Petitioner : Ms.N.Fidelia
For Respondents : Ms.P.J.Anitha, for R1 to R7
ORDER
The petitioner has filed this Writ petition seeking to forbear the respondents 1 to 3 from granting recognition status to the 8th respondent union without proper verification.
2. Ms.P.J.Anitha, learned counsel takes notice on behalf of the respondents 1 to 7. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. Since no adverse order is being passed against the 8th respondent, notice to the 8th respondent is dispensed with.
4. The case of the petitioner is that the petitioner union is a registered union, recognized by the Government of India and is also affiliated with Indian National Defence Workers Federation (in short 'INDWF') and Indian Page No.3 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 03:14:37 pm ) W.P.No.12664 of 2025 National Trade Union Congress (in short 'INTUC') and is functioning as a recognized union for the past 50 years in all, with total membership of 599 bonafide members. While so, the 8th respondent herein, although a registered one and is also affiliated with All India Defence Employees Federation (in short 'AIDEF'), however, it was not recognized by the Government of India. While so, the 8th respondent is fraudulently using the recognition given to a Union namely Cordite Factory Aruvankadu Labour Union (in short 'CFA labour union') which became defunct and non-extinct, and obtained seats in JCM-IV Level Council and also participating in elections and other labour- management meetings, which unlawful act of the 8th respondent is highly condemnable as the same is strictly prohibited as per the instruction dated 11.12.2019 issued by the 3rd respondent Ordnance Factory boar. Thereby, the petitioner made several representations before the official respondents seeking to withdraw the status of 'Recognized union' and accord only 'Registered union' status to the 8th respondent, despite which, the official respondents allowed the 8th respondent to participate in membership verification conducted by MoD and by notice dated 17.01.2024 as full fledged recognized union and also published the final list of unions participating in membership verification and results thereof was also published via CFA Page No.4 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 03:14:37 pm ) W.P.No.12664 of 2025 Circular dated 27.01.2024. Immediately, the petitioner sent several representations dated 09.03.2024 and 24.04.2024 before the 4th respondent seeking to withdraw JCM seats allocated to the 8th respondent till they comply with Government of India instructions on the subject and also submitted a representation dated 11.03.2024 before the 3rd respondent pointing out the illegal functioning of the 8th respondent without grant of recognition status. However, till date, no orders have been passed on the said representations. Hence, this Writ petition.
5. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents 1 to 3 to consider the petitioner's representations dated 09.03.2024, 11.03.2024 and 24.04.2024 and to consequently verify the recognition status of the 8th respondent and to take appropriate action as against the 8th respondent for fraudulently using the recognition granted to the CFA labour union, as expeditiously as possible.
6. Learned counsel appearing on behalf of the respondents 1 to 7 submitted that, appropriate orders will be passed on the petitioner's representations dated 09.03.2024, 11.03.2024 and 24.04.2024 within the time Page No.5 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 03:14:37 pm ) W.P.No.12664 of 2025 stipulated by this Court.
7. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the respondents 1 to 3 to consider the petitioner's representations dated 09.03.2024, 11.03.2024 and 24.04.2024 on merits and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner, 8th respondent and other aggrieved persons, if any.
8. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous petitions are closed.
09.04.2025
skt
NCC : Yes/No
Index : Yes/No
Speaking Order : Yes/No
To:
1. Union of India,
Rep. by the Secretary, Government of India, Ministry of Defence, South Block, New Delhi – 110 011.
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2. The Secretary (Defence Production), Government of India, Ministry of Defence, South Block, New Delhi – 110 011.
3. The Under Secretary (D-JCM), Government of India, Ministry of Defence, 136, B-Wing, Sena Bhawan, New Delhi – 110 011.
4. The Director General Ordnance, Directorte of Ordnance (Coordination & Services), Ayudh Bhawan, 10-A, S.K. Bose Road, Kolkata – 700 001.
5. Directorate of Ordnance (C & S), Field Unit Avadi, HVF Campus, Avadi Chennai – 600 054.
6. Chairman and Managing Director, Munitions India Ltd., A Governmet of India Enterprises, Ministry of Defence, 2nd Floor, Nyati Unitree, Nagar Road, Yerwada, Pune – 411 006, Maharashtra State.
7. The Chief General Manager, Cordite Factory Aruvankadu, A Unit of Munitions India Ltd., Aruvankadu P.O, The Nilgiris – 643 202.
M.DHANDAPANI, J.
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