Madras High Court
The Secretary (P) vs The General Secretary on 25 July, 2023
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.10728 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.10728 of 2013
and M.P.Nos.1 and 2 of 2013
The Secretary (P),
Department of Posts,
Dak Sevak Bhawan,
New Delhi-110001. ... Petitioner
-Vs-
1. The General Secretary,
All India Postal Employees Progressive Union,
Plot No.5, VGP Pon Nagar,
First Main Road, Sembbakkam,
Chennai-600 037.
2. The represented by its Presiding Officer,
The Central Industrial
Tribunal-cum-Labour Court,
Shastri Bhawan,
Chennai-600 006. ... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India
for the issuance of Writ of Certiorari, calling for the records of the
second respondent Tribunal relating to the Impugned award dated
25.09.12 made in I.D.No.95 of 2011 and quash the same.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.10728 of 2013
For Petitioner : Mr.A.Kumaraguru, CGSPC
For Respondents
R1 : No appearance
R2 : Tribunal
ORDER
This Writ Petition has been filed challenging the award dated 25.09.2012 passed by the second respondent, in I.D.No.95 of 2011, thereby declared the denial of demand nos. XIII, XV, XVII and XIX is not legal and justified and denial of demand nos. X, XI, XII and XIV is legal and justified by the petitioner.
2. Heard the learned counsel for the petitioner and perused the materials available on record.
3. Pending writ petition, the demand made by the first respondent was considered and answered in the status report dated 18.07.2023, which are as follows:-
Page 2 of 6https://www.mhc.tn.gov.in/judis W.P.No.10728 of 2013 XIII Grant of Informal Trade As per the provisions of facilities Petitioner's CCS (RSA) Rules, Union Union. 1993, trade union facilities are provided only to Recognized Service Associations only. The applicant's Association is not recognized by the Department, so it is not entitled to any trade union facilities.
XV Removal of imbalance in As part of cadre LSG/HSG II/HSG I restructuring, Postal Cadres. Directorate vide memo no :25-04/2012-PE I dated 27.05.2016 has increased the no of posts in selection grade as below:
LSG is 3021 from 588 HSG II 917 from 99 HSG I: 246 from 147 There is no imbalance in the LSG/HSG I and HSG II cadres.
XVII Restoration of post Action of the Department reduced/abolished in was strictly in accordance Excess over the policy with the instructions issued decision of the by the Government of Government. India. There was no excess abolition of posts as contented by the Union.Page 3 of 6
https://www.mhc.tn.gov.in/judis W.P.No.10728 of 2013 XIX Revival of 690 Postal Asst There was no erroneous Posts erroneously abolition of posts as abolished during the contented by the union. process of creation of 1622 The posts were abolished Higher Selection Grade I to provide matching saving posts by conversion of 10% in the process of having Higher selection Grade II 1622 additional posts of posts Higher Selection Grade I, as per the standing instructions of the Government of India. In the circumstances there is no justification of reopen the issue.
4. Recording the above status report, this writ petition is closed.
Consequently, connected Miscellaneous petitions are closed. No costs.
25.07.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.10728 of 2013 To
1. The General Secretary, All India Postal Employees Progressive Union, Plot No.5, VGP Pon Nagar, First Main Road, Sembbakkam, Chennai-600 037.
2. The Presiding Officer, The Central Industrial Tribunal-cum-Labour Court, Shastri Bhawan, Chennai-600 006.
Page 5 of 6https://www.mhc.tn.gov.in/judis W.P.No.10728 of 2013 G.K.ILANTHIRAIYAN, J.
mn W.P.No.10728 of 2013 25.07.2023 Page 6 of 6 https://www.mhc.tn.gov.in/judis