Madrasdated High Court · 2025

W.P.Nos.3583 to 3619 of 2015 and 3162 of 2016members of the petitioner union as listed in Annexure-A to the affidavit is illegal and in contravention of Sec.33 of the Industrial Disputes Act and consequently direct the 3rd respondent not to give impose any punishments against any of the members of the petitioner union whose list is in the Annexure-B to the affidavit without first getting prior permission under section 33 of the I.D.Act in the industrial disputes raised by the petitioner union in Dispute No.Na.Ka.N.A/ 535 of 2014 read with Dispute No.B/ 778 of 2014 and Dispute RC No.99 of 2015 dated 24.04.2015 which is pending before the 1st respondent Conciliation Officer. For Petitioners : Mr.D.Nagasaila in all the W.Ps.For Respondents: Mr.K.Surendran for R1 to R3 Additional Government Pleader Mr.A.Jenasenan for R4 in W.P.Nos.3583 to 3619 of 2015 Mr.K.Surendran for R1 and R2 Additional Government Pleader Mr.A.Jenasenan for R3 in W.P.No.3162 of 2016 C O M M O N O R D E RThe writ petitions in W.P.Nos.3583 to 3619 of 2015 have been filed seeking issuance of Writ of Declaration declaring that the action of the Chief Executive, The Railway Employees Cooperative Credit Society Limited in issuing the order of transfer, transferring the petitioners to 16/20 https://www.mhc.tn.gov.in/judis W.P.Nos.3583 to 3619 of 2015 and 3162 of 2016some other place is contrary to Sections 9A, 33A of the Industrial Disputes Act, 1947, Tamil Nadu Model Standing Act and Rules and to consequently direct the Chief Executive, The Railway Employees Cooperative Credit Society Limited, to retain the petitioners in Chennai. 2.The writ petition in W.P.No.3162 of 2016 has been filed seeking issuance of Writ of Declaration declaring the punishments imposed on 14 members of the petitioner union is illegal and in contravention of Section 33 of the Industrial Disputes Act and to consequently direct the Chief Executive, The Railway Employees Cooperative Credit Society Limited to not to impose any punishment against any of the members of the petitioner union without getting prior permission under Section 33 of the I.D.Act in the industrial disputes raised by the petitioner union in Dispute No.Na.Ka.N.A/ 535 of 2014 read with Dispute No.B/ 778 of 2014 and Dispute RC No.99 of 2015 dated 24.04.2015 which is pending before the Labour Officer – 1, 3rd Floor, Kuralagam, Chennai.3.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order.17/20 https://www.mhc.tn.gov.in/judis W.P.Nos.3583 to 3619 of 2015 and 3162 of 20164.The learned counsel appearing for the petitioners submitted that during the pendancy of the writ petitions, the petitioners raised industrial disputes in I.D.Nos.27 and 32 of 2016 before the Labour Court.5.Since the petitioners have raised industrial disputes before the Labour Court, it is left open to the petitioners to raise all the issues before the Labour Court.6.With the above observation, the writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. 13.03.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoTo1.The Secretary to State, Department of Labour, Fort St. George, Chennai – 600 009.18/20 https://www.mhc.tn.gov.in/judis W.P.Nos.3583 to 3619 of 2015 and 3162 of 20162.The Joint Commissioner of Labour Labour Welfare Board Buildings, 6th Floor, D.M.S. Compound, Teynampet, Chennai – 600 006.3.The Labour Officer - 1 3rd Floor, Kuralagam, Chennai – 108.4.The Secretary Department of Labour and Employment, Fort St.George, Chennai – 600 009.5.The Chief Executive Railway Employees Co-operative Credit Society Ltd., Ashok Vihar Complex, Old Zoo Road, Chennai – 600 003.19/20 https://www.mhc.tn.gov.in/judis W.P.Nos.3583 to 3619 of 2015 and 3162 of 2016M.DHANDAPANI,J.priW.P.Nos.3583 to 3619 of 2015 and 3162 of 2016AndM.P.Nos.1 to 1 of 2015 andW.M.P.No.2595 of 201613.03.202520/20