High Court · 2025
Case Details
A.Nos.3428 & 3429 of 2025THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.08.2025CORAM:THE HON'BLE MR. JUSTICE K.KUMARESH BABUA.Nos.3428 and 3429 of 2025in C.S.No.146 of 2024A.No.3428 of 2025:The Branch Manager, Union Bank of India, Whites Road Branch, Mount Road, Chennai – 600 014. ... ApplicantVs.1.Tamil Nadu Electricity Worker's Federation, [Reg.No.2970], VGR Illam, Rep. by its General Secretary K.Sampath Having Office at: No.92, Guruvappa Street, Chintadaripet, Chennai – 600 002. 2.K.Sampath3.Shajahan4.M.Ramachandran5.S.Moorthi6.M.Dhanasekar7.Aruldoss8.The Commissioner of Labour, DMS Complex, Teynampet, 1/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025 Chennai – 600 006. 9.The Chairman cum Managing Director, TANGEDCO, 144, Anna Salai, Chennai – 600 002. 10.The General Manager, Tamil Nadu Power Finance and Infrastructure Development Corporation Limited, 304, Anna Salai, Nandanam, Chennai – 600 035. ... RespondentsPRAYERThis application has been filed seeking to clarify the aspect as to who should be permitted to operate the Savings Bank Account No.520101257647348 of the 1st respondent/ 1st plaintiff with the applicant/ 6th defendant, in the light of the controversy existing between the 3rd respondent/ 3rd plaintiff and the 5th respondent/ 1st defendant, subsequent to the order of this Court dated 21.03.2025.For Applicant : Mr.M.MuthuperiasamyFor Respondents : Mr.C.Umashankar for R1 to R4 Mr.Om Prakash, Senior Counsel for R5 to R7 A.No.3429 of 2025:1.S.Moorthi2.Aruldoss... ApplicantsVs.2/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 20251.Tamil Nadu Electricity Worker's Federation, [Reg.No.2970], VGR Illam, Rep. by its General Secretary K.Sampath Having Office at: No.92, Guruvappa Street, Chintadaripet, Chennai – 600 002. 2.K.Sampath3.Shajahan4.M.Ramachandran5.M.Dhanaseker6.The Commissioner of Labour, DMS Complex, Teynampet, Chennai – 600 006. 7.The Chairman cum Managing Director, TANGEDCO, 144, Anna Salai, Chennai – 600 002. 8.The Branch Manager, Union Bank of India, Whites Road Branch, Mount Road, Chennai – 600 014. 9.The General Manager, Tamil Nadu Power Finance and Infrastructure Development Corporation Limited, 304, Anna Salai, Nandanam, Chennai – 600 035. PRAYERThis application has been filed seeking to direct the respondent No.3/ 3rd plaintiff, to permit the elected General Secretary and Treasurer from discharging the function in terms of the election to the Tamil Nadu Electricity Workers Federation conducted on 01.02.2025 by the 3/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025Administrator and approved by this court on 26.03.2025, including the operation of the Bank Account of the federation. For Applicants : Mr.Om Prakash, Senior CounselFor Respondents : Mr.C.Umashankar for R1 to R4 Mr.M.Muthuperiasamy for R8 - - - - - ORDERThe application in A.No.3428 of 2025 has been filed seeking to clarify the aspect as to who should be permitted to operate the Savings Bank Account No.520101257647348 of the 1st respondent/ 1st plaintiff with the applicant/ 6th defendant, in the light of the controversy existing between the 3rd respondent/ 3rd plaintiff and the 5th respondent/ 1st defendant, subsequent to the order of this Court dated 21.03.2025 and the application in A.No.3429 of 2025 has been filed seeking to direct the respondent No.3/ 3rd plaintiff, to permit the elected General Secretary and Treasurer from discharging the function in terms of the election to the Tamil Nadu Electricity Workers Federation conducted on 01.02.2025 by the Administrator and approved by this Court on 26.03.2025, including the operation of the Bank Account of the federation. 4/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 20252. When the matter was taken up, the learned counsel appearing on behalf of the 3rd respondent who had been elected as the President referring to the counter filed by him in the application would submit that he had not interfered with the banking operation by the General Secretary and the Treasurer of the 1st respondent. He would only contend that the Executive Committee meeting had not been conducted for the previous years and the accounts have also not been ratified by the Executive Committee. 3. The learned Senior Counsel appearing on behalf of the applicants in A.No.3429 of 2025, on the other hand, would contend that the 3rd respondent herein even though had made a submission in his counter that he has not interfered with banking transactions, the 3rd respondent had in fact circulated letters asking the Bank not to permit the General Secretary and Treasurer to operate the Bank accounts till the disposal of the suit. 4. The learned counsel appearing on behalf of the applicant Bank in A.No.3428 of 2025 would submit that only for the purpose to get clarification from this Court as to who should be permitted to operate the 5/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025Bank account the said application had been filed by the Bank. 5. The learned counsel appearing for the 3rd respondent reiterated his submission that he will not interfere with the banking transactions by the applicant who are the Treasurer and General Secretary. 6. I have considered the rival submissions. 7. This Court had appointed an Administrator for conducting election to the 1st respondent. Elections were conducted by the learned Administrator and a detailed report was also filed. Objections were raised by the plaintiffs in the suit with regard to the report of the learned Administrator, particularly in not permitting the branches categories under Schedule D and E of the report. This Court however over ruling the objections by its order dated 21.03.2025 approved the election conducted by the learned Administrator and permitted the learned Administrator to handover the administration of the Federation to the newly elected office bearers and also discharged him. Pursuant thereto, this Court has also recorded that the newly elected office bearers had taken charge, while disposing of all the pending applications in the suit 6/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025on 09.04.2025. As per the bye-laws of the 1st respondent it is the elected General Secretary and Treasurer to jointly operate the Bank accounts of the 1st respondent. In such view of the matter, this Court is of the view that for performing day to day functions of the 1st respondent, the applicants who are the General Secretary and Treasurer of the 1st respondent are entitled to operate the bank account. 8. In fine, the application in A.No.3429 of 2025 is allowed and the application in A.No.3428 of 2025 is disposed of clarifying that the General Secretary and the Treasurer who have been elected and approved by this Court in its order dated 21.03.2025 can be permitted to operate the account. There shall be no order as to costs. 07.08.2025dsaIndex:Yes/NoSpeaking/ Non-speaking order7/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025K.KUMARESH BABU, J.dsa A.Nos.3428 and 3429 of 2025in C.S.No.146 of 202407.08.20258/8
A.Nos.3428 & 3429 of 2025THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.08.2025CORAM:THE HON'BLE MR. JUSTICE K.KUMARESH BABUA.Nos.3428 and 3429 of 2025in C.S.No.146 of 2024A.No.3428 of 2025:The Branch Manager, Union Bank of India, Whites Road Branch, Mount Road, Chennai – 600 014. ... ApplicantVs.1.Tamil Nadu Electricity Worker's Federation, [Reg.No.2970], VGR Illam, Rep. by its General Secretary K.Sampath Having Office at: No.92, Guruvappa Street, Chintadaripet, Chennai – 600 002. 2.K.Sampath3.Shajahan4.M.Ramachandran5.S.Moorthi6.M.Dhanasekar7.Aruldoss8.The Commissioner of Labour, DMS Complex, Teynampet, 1/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025 Chennai – 600 006. 9.The Chairman cum Managing Director, TANGEDCO, 144, Anna Salai, Chennai – 600 002. 10.The General Manager, Tamil Nadu Power Finance and Infrastructure Development Corporation Limited, 304, Anna Salai, Nandanam, Chennai – 600 035. ... RespondentsPRAYERThis application has been filed seeking to clarify the aspect as to who should be permitted to operate the Savings Bank Account No.520101257647348 of the 1st respondent/ 1st plaintiff with the applicant/ 6th defendant, in the light of the controversy existing between the 3rd respondent/ 3rd plaintiff and the 5th respondent/ 1st defendant, subsequent to the order of this Court dated 21.03.2025.For Applicant : Mr.M.MuthuperiasamyFor Respondents : Mr.C.Umashankar for R1 to R4 Mr.Om Prakash, Senior Counsel for R5 to R7 A.No.3429 of 2025:1.S.Moorthi2.Aruldoss... ApplicantsVs.2/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 20251.Tamil Nadu Electricity Worker's Federation, [Reg.No.2970], VGR Illam, Rep. by its General Secretary K.Sampath Having Office at: No.92, Guruvappa Street, Chintadaripet, Chennai – 600 002. 2.K.Sampath3.Shajahan4.M.Ramachandran5.M.Dhanaseker6.The Commissioner of Labour, DMS Complex, Teynampet, Chennai – 600 006. 7.The Chairman cum Managing Director, TANGEDCO, 144, Anna Salai, Chennai – 600 002. 8.The Branch Manager, Union Bank of India, Whites Road Branch, Mount Road, Chennai – 600 014. 9.The General Manager, Tamil Nadu Power Finance and Infrastructure Development Corporation Limited, 304, Anna Salai, Nandanam, Chennai – 600 035. PRAYERThis application has been filed seeking to direct the respondent No.3/ 3rd plaintiff, to permit the elected General Secretary and Treasurer from discharging the function in terms of the election to the Tamil Nadu Electricity Workers Federation conducted on 01.02.2025 by the 3/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025Administrator and approved by this court on 26.03.2025, including the operation of the Bank Account of the federation. For Applicants : Mr.Om Prakash, Senior CounselFor Respondents : Mr.C.Umashankar for R1 to R4 Mr.M.Muthuperiasamy for R8 - - - - - ORDERThe application in A.No.3428 of 2025 has been filed seeking to clarify the aspect as to who should be permitted to operate the Savings Bank Account No.520101257647348 of the 1st respondent/ 1st plaintiff with the applicant/ 6th defendant, in the light of the controversy existing between the 3rd respondent/ 3rd plaintiff and the 5th respondent/ 1st defendant, subsequent to the order of this Court dated 21.03.2025 and the application in A.No.3429 of 2025 has been filed seeking to direct the respondent No.3/ 3rd plaintiff, to permit the elected General Secretary and Treasurer from discharging the function in terms of the election to the Tamil Nadu Electricity Workers Federation conducted on 01.02.2025 by the Administrator and approved by this Court on 26.03.2025, including the operation of the Bank Account of the federation. 4/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 20252. When the matter was taken up, the learned counsel appearing on behalf of the 3rd respondent who had been elected as the President referring to the counter filed by him in the application would submit that he had not interfered with the banking operation by the General Secretary and the Treasurer of the 1st respondent. He would only contend that the Executive Committee meeting had not been conducted for the previous years and the accounts have also not been ratified by the Executive Committee. 3. The learned Senior Counsel appearing on behalf of the applicants in A.No.3429 of 2025, on the other hand, would contend that the 3rd respondent herein even though had made a submission in his counter that he has not interfered with banking transactions, the 3rd respondent had in fact circulated letters asking the Bank not to permit the General Secretary and Treasurer to operate the Bank accounts till the disposal of the suit. 4. The learned counsel appearing on behalf of the applicant Bank in A.No.3428 of 2025 would submit that only for the purpose to get clarification from this Court as to who should be permitted to operate the 5/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025Bank account the said application had been filed by the Bank. 5. The learned counsel appearing for the 3rd respondent reiterated his submission that he will not interfere with the banking transactions by the applicant who are the Treasurer and General Secretary. 6. I have considered the rival submissions. 7. This Court had appointed an Administrator for conducting election to the 1st respondent. Elections were conducted by the learned Administrator and a detailed report was also filed. Objections were raised by the plaintiffs in the suit with regard to the report of the learned Administrator, particularly in not permitting the branches categories under Schedule D and E of the report. This Court however over ruling the objections by its order dated 21.03.2025 approved the election conducted by the learned Administrator and permitted the learned Administrator to handover the administration of the Federation to the newly elected office bearers and also discharged him. Pursuant thereto, this Court has also recorded that the newly elected office bearers had taken charge, while disposing of all the pending applications in the suit 6/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025on 09.04.2025. As per the bye-laws of the 1st respondent it is the elected General Secretary and Treasurer to jointly operate the Bank accounts of the 1st respondent. In such view of the matter, this Court is of the view that for performing day to day functions of the 1st respondent, the applicants who are the General Secretary and Treasurer of the 1st respondent are entitled to operate the bank account. 8. In fine, the application in A.No.3429 of 2025 is allowed and the application in A.No.3428 of 2025 is disposed of clarifying that the General Secretary and the Treasurer who have been elected and approved by this Court in its order dated 21.03.2025 can be permitted to operate the account. There shall be no order as to costs. 07.08.2025dsaIndex:Yes/NoSpeaking/ Non-speaking order7/8 https://www.mhc.tn.gov.in/judis A.Nos.3428 & 3429 of 2025K.KUMARESH BABU, J.dsa A.Nos.3428 and 3429 of 2025in C.S.No.146 of 202407.08.20258/8