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Madras High Court

Tnstc Indian National Trade Union ... vs The Managing Director on 22 December, 2023

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                          W.P(MD)No.31061 of 2023



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 22.12.2023

                                                     CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                           W.P(MD)No.31061 of 2023

                     TNSTC Indian National Trade Union Congress,
                     Represented by its General Secretary,
                     B.Jeevan Moorthy.                                            ... Petitioner

                                                        Vs.
                     1.The Managing Director,
                       Tamil Nadu State Transport
                        Corporation (Madurai) Limited,
                       Bye Pass Road,
                       Madurai.

                     2.The General Manager,
                       Tamil Nadu State Transport
                        Corporation (Madurai) Limited,
                       Dindigul Region,
                       Bye Pass Road, Dindigul.                                ... Respondents

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Mandamus, directing the 1st
                     respondent to deduct the subscription amount from the salary of the
                     members of the union through check off system based on the petitioner's
                     representation, dated 16.11.2023 within a stipulated time.




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https://www.mhc.tn.gov.in/judis
                                                                              W.P(MD)No.31061 of 2023




                                         For Petitioner     : Mr.G.M.Xavier

                                         For Respondents    : Mr.S.Raja
                                                              Standing Counsel

                                                           ORDER

The present writ petition has been filed by a registered Trade Union seeking a Mandamus as against the respondents herein for deducting the subscription amount of the members of their Trade Union and remit it to the petitioner Association.

2. According to the learned counsel appearing for the writ petitioner, the members of the petitioner Association have given a consent letter to the petitioner Trade Union for deducting the subscription amount from their salary. In turn, the petitioner has addressed a communication to the respondents herein on 16.11.2023 requesting to deduct the subscription amount from the salary of the members of the writ petitioner. Since the said representation is yet to be considered, the present writ petition has been filed. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.31061 of 2023

3. Considering the above said facts, the respondents are directed to consider the representation of the petitioner Trade Union, dated 16.11.2023 and pass appropriate orders within a period of four (4) weeks from the date of receipt of copy of this order.

4. With the said observations, this Writ Petition stands disposed of. No costs.




                                                                                                22.12.2023

                     NCC                :       Yes / No
                     Index              :       Yes / No
                     Internet           :       Yes / No
                     gbg

                     To

                     1.The Managing Director,
                       Tamil Nadu State Transport

Corporation (Madurai) Limited, Bye Pass Road, Madurai.

2.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Bye Pass Road, Dindigul.

3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.31061 of 2023 R.VIJAYAKUMAR,J.

gbg Order made in W.P(MD)No.31061 of 2023 Dated:

22.12.2023 4/4 https://www.mhc.tn.gov.in/judis