Madras High Court
Transport & Dock Workers Union vs Union Of India on 19 December, 2016
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2016
CORAM :
THE HONBLE MR. JUSTICE T.RAJA
W.P.No.42915 of 2016
WMP.Nos.36801 and 36802 of 2016
Transport & Dock Workers Union
(Regd No.3171/1961)
Rep. by General Secretary,
193B, Railway Colony,
Gandhi Irwin Road,
Egmore, Chennai - 600 008. ... Petitioner
vs.
1. Union of India
Rep. by Secretary
Ministry of Shipping,
Transport Bhavan, New Delhi.
2. The Chairman
Chennai Port Trust,
Rajaji Salai, Chennai.
3. The Secretary
Chennai Port Trust,
Rajaji Salai, Chennai. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus, to call for he records of the third respondent, dated 30.11.2016 in Letter No.IR2/6854/2016/GA on the file of the third respondent and quash the same as illegal, arbitrary and void and consequently direct the second and third respondents to conduct the Check off for the period 2017-2018 for the respondent Port Trust based on the order of the Hon'ble Madras High Court made in W.P.No.21158 of 2016, dated 04.11.2016.
For petitioner : Mr.A.Jenasenan
For respondents : Mr.S.Meenakumari, CGSC
for R1
Mr.P.Saravanan
Standing counsel for R2 and R3
O R D E R
The petitioner-Union has challenged the correctness of the impugned proceedings issued by the Secretary, Chennai Port Trust, the third respondent herein in Letter No.IR2/6854/2016/GA, dated 30.11.2016, quash the same with a consequential direction to the Chairman and Secretary, Chennai Port Trust, Chennai, the respondents 2 and 3 to conduct the Check off for the period 2017-18 for the Respondent Port Trust based on the order passed by this Court in W.P.No.21158 of 2016, dated 04.11.2016.
2. When the Union came to this Court with W.P.No.21158 of 2016 for quashing the Letter No.IR2/7911/2014/GA, dated 16.10.2015 with a consequential direction to the Chairman, Chennai Port Trust to first conduct the Check Off / Authorisation process for the year 2016 and then conduct the Check Off for 2017 and appoint the Labour Trustees based on the 2017 check off results, this Court while disposing of the writ petition, by order, dated 04.11.2016 observed as follows :
"6. Taking advantage of the new circular, the existing unions cannot be allowed to enjoy the benefits for two years, without conducting the process. Even without undergoing the process, the seven major unions are already enjoying the check off (authorisation) facilities from the year 2014 to 2016. In any event, the two year period ends on 31.10.2016. Therefore, following the new circular issued by the Government of India on 08.12.2014, the Madras Port Trust is directed to issue necessary circular/communication between 15.11.2016 to 30.11.2016 for conducting the check off (authorisation) process for the year the 2017 and 2018, following the guidelines contemplated in the new circular for check off system, by which seven major unions would be chosen by the workers and the check off facilities would be made available to those unions for a period of two years, i.e. 2017 to 2018.
7. The writ petition is disposed of with the above direction. No costs. Consequently, connected W.M.Ps are closed."
3. Therefore, it is for the petitioner to work out his remedy in the manner known to law but not by filing separate writ petition. Hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.
19.12.2016 tsvn T.RAJA, J tsvn To
1. Union of India Rep. by Secretary Ministry of Shipping, Transport Bhavan, New Delhi.
2. The Chairman Chennai Port Trust, Rajaji Salai, Chennai.
3. The Secretary Chennai Port Trust, Rajaji Salai, Chennai.
W.P.No.42915 of 201619-12-2016 http://www.judis.nic.in