Madras High Court regarding the issue Trade Unions Are Essential Like A Strong Opposition Party In A Democracy.
Title : Tamil Nadu State Transport Employees’ Federation v. Government of Tamil Nadu
Case No. : W.P.No.31458 of 2023
Decided on : 15.11.2023.
CORAM : THE HONOURABLE MRS. JUSTICE R.HEMALATHA
Introduction
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Calling for records pertaining to the tender notification issued by the 5th Respondent on 30.09.2023 in Tender Document No. 63/ 14563/ NA2/ MTC/ 2023 quash the same and consequently direct the Respondents 5 to 12 to fill up all the existing regular vacancies in the post of driver, conductor, driver- Cum- Conductor and technical staff strictly in accordance with the directions issued by the 1st Respondent in G.O. (Ms) No.25 Transport (C1) Department dated 14.02.2023 and G.O. (Ms) No.111 Transport (C1) department dated 21.07.2023 and in accordance with the recruitment rules.
Fact of the Case
The petitioner Federation is a Trade Union registered under the Trade Union Act, 1926 with Registration Number 2468/MDS. It is affiliated to the CITU. It is also one of the unions which is the signatory to the Wage Settlement with the 5th respondent, Metropolitan Transport Corporation Ltd., and other different units. Respondents 1 and 2 are the Additional Chief Secretaries of Transport and Labour Welfare Department respectively, while respondents 3 and 4 are Commissioner of Labour and Special Joint Commissioner of Labour, all representing the Government of Tamil Nadu. The 6th respondent is the State Express Transport Corporation Ltd., while respondents 7 to 12 are the different District Units of State Transport Corporation i.e., Villupuram, Salem, Coimbatore, Kumbakonam, Madurai and Tirunelveli. The 5th respondent had issued a tender notification dated 30.09.2023 for engaging drivers and conductors through a man power agency (outsourcing) to operate regular bus operations. Hence, this Writ Petition challenging the same.
Case Analysis and Judgment
In the result, the Writ Petition is allowed except for the fourth prayer for criminal prosecution against the respondents 5, 6 and 10 as the same is unwarranted and is dismissed. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. The tender notice dated 30.09.2023 in Tender Document No.63/ 14563/ NA2/ MTC/ 2023 is set aside.
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