Madras High Court
O.Panneerselvam vs The General Manager on 4 February, 2015
Author: B.Rajendran
Bench: B.Rajendran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2015 CORAM THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).Nos.1313 OF 2015 and 1314 of 2015 and M.P.(MD).Nos.1 & 1 of 2015 **** W.P.(MD).No.1313 of 2015: O.Panneerselvam ... Petitioner Vs. 1.The General Manager, Southern Railway, Chennai. 2.The Chief Personal Officer, Headquarters Office, Personnel Branch, Southern Railway, Chennai-03. 3.Chief Workshop Manager, Central Workshop, Golden Rock, Southern Railway, Trichy-04. 4.The General Secretary, All India SC/ST Railway Employee Association, New Delhi. ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus forbearing the respondents 1 to 3 from approving the new list of Office Bearers circulated by the 4th respondent without conducting any proper election in my association namely All India Scheduled Caste and Scheduled Tribes Railway Employees Association, South Zone Extra Division, Ponmalai including all branches, Trichy. W.P.(MD).No.1314 of 2015: T.Rajendran ... Petitioner vs. 1.The General Manager, Southern Railway, Chennai. 2.The Chief Personal Officer, Headquarters Office, Personnel Branch, Southern Railway, Chennai-03. 3.The Divisional Personal Officer, Tiruchirapalli Division, Southern Railway, Trichy. 4.The General Secretary, All India SC/ST Railway Employee Association, New Delhi. ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus forbearing the respondents 1 to 3 from approving the new list of Office Bearers circulated by the 4th respondent without conducting any proper election in my association namely All India Scheduled Caste and Scheduled Tribes Railway Employees Association, South Zone, Trichy Division, Ponmalai including all branches, Trichy. In Both Writ Petitions: !For petitioner : Mr.A.Chandra Kumar For Respondents: Mr.N.Manoharan Special Government Pleader :COMMON ORDER
The prayers in the Writ Petition are for a Writ of Mandamus to forbear the respondents 1 to 3 from approving the new list of Office Bearers circulated by the 4th respondent without conducting any proper election in the petitioner's association namely All India Scheduled Caste and Scheduled Tribes Railway Employees Association, South Zone Extra Division, Ponmalai including all branches, Trichy.
2. Mr.N.Manoharan, learned Special Government Pleader takes notice for the respondents.
3. By consent, the writ petitions itself are taken up for final disposal.
4. The prayers in the writ petitions as such are not maintainable, as it is purely a matter between the society, formed for the upliftment of the employees and the Southern Railway.
5. Clause No.3 of the by-law of All India SC/ST Railway Employees Association reads as follows:
?31.Disputes:- In case of any disputes in any DATED : 04.02.2015 CORAM THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).Nos.1313 and 1314 of 2015 and M.P.(MD).Nos.1 & 1 of 2015 **** W.P.(MD).No.1313 of 2015:
O.Panneerselvam ... Petitioner Vs.
1.The General Manager, Southern Railway, Chennai.
2.The Chief Personal Officer, Headquarters Office, Personnel Branch, Southern Railway, Chennai-03.
3.Chief Workshop Manager, Central Workshop, Golden Rock, Southern Railway, Trichy-04.
4.The General Secretary, All India SC/ST Railway Employee Association, New Delhi. ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus forbearing the respondents 1 to 3 from approving the new list of Office Bearers circulated by the 4th respondent without conducting any proper election in my association namely All India Scheduled Caste and Scheduled Tribes Railway Employees Association, South Zone Extra Division, Ponmalai including all branches, Trichy.
W.P.(MD).No.1314 of 2015:
T.Rajendran ... Petitioner vs.
1.The General Manager, Southern Railway, Chennai.
2.The Chief Personal Officer, Headquarters Office, Personnel Branch, Southern Railway, Chennai-03.
3.The Divisional Personal Officer, Tiruchirapalli Division, Southern Railway, Trichy.
4.The General Secretary, All India SC/ST Railway Employee Association, New Delhi. ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus forbearing the respondents 1 to 3 from approving the new list of Office Bearers circulated by the 4th respondent without conducting any proper election in my association namely All India Scheduled Caste and Scheduled Tribes Railway Employees Association, South Zone, Trichy Division, Ponmalai including all branches, Trichy.
In Both Writ Petitions:
For petitioner : Mr.A.Chandra Kumar For Respondents: Mr.N.Manoharan Special Government Pleader ***** COMMON ORDER The prayers in the Writ Petition are for a Writ of Mandamus to forbear the respondents 1 to 3 from approving the new list of Office Bearers circulated by the 4th respondent without conducting any proper election in the petitioner's association namely All India Scheduled Caste and Scheduled Tribes Railway Employees Association, South Zone Extra Division, Ponmalai including all branches, Trichy.
2. Mr.N.Manoharan, learned Special Government Pleader takes notice for the respondents.
3. By consent, the writ petitions itself are taken up for final disposal.
4. The prayers in the writ petitions as such are not maintainable, as it is purely a matter between the society, formed for the upliftment of the employees and the Southern Railway.
5. Clause No.3 of the by-law of All India SC/ST Railway Employees Association reads as follows:
?31.Disputes:- In case of any disputes in any Branch/Division/Workshop/Zone/Production Unit, they must be patched up with the help of any good office. However, the decision of the C.E.C shall be final and binding on all the units and members.?
On a perusal of the said clause, it is clear that a Dispute Resolution Form is already available.
6.In view of the in-built mechanism available and already the petitioners approached the C.E.C, the writ petitions are premature. Hence, these writ petitions are dismissed. It is for the authorities to decide the matter. Consequently, connected miscellaneous petitions are also dismissed. No costs.
04.02.2015 Index : Yes/No Internet : Yes/No vs To 1.The General Manager, Southern Railway, Chennai.
2.The Chief Personal Officer, Headquarters Office, Personnel Branch, Southern Railway, Chennai-03.
3.Chief Workshop Manager, Central Workshop, Golden Rock, Southern Railway, Trichy-04.
4.The General Secretary, All India SC/ST Railway Employee Association, New Delhi.
5.The Divisional Personal Officer, Tiruchirapalli Division, Southern Railway, Trichy.
B.RAJENDRAN,J.
vs W.P(MD).Nos.1313 and 1314 of 2015 04.02.2015