Madras High Court
R.K.Devaraj vs The Coimbatore District Textile on 3 March, 2022
C.M.P.No.3251 of 2022
and W.A.No. SR 17063 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.P.No.3251 of 2022
and W.A.No. SR 17063 of 2022
R.K.Devaraj .. Petitioner /
Appellant
vs
1. The Coimbatore District Textile
Workers' Union, Rep. by its
General Secretary, Tyagi N.G.R.Mahal,
2212, Trichy Road, Singanallur,
Coimbatore 641 005.
2. The Joint Commissioner of Labour &
Addl. Registrar of Trade Unions,
Dr.Balasundaram Road,
Coimbatore 641 018. .. Respondents
Prayer: Civil Miscellaneous Petition filed to grant leave to the petitioner
to file third party writ appeal against the order dated 28.10.2021
passed in W.P.No.5086 of 2019 on the file of this Court.
For the Petitioner : Mr.S.Venkatesh
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https://www.mhc.tn.gov.in/judis
C.M.P.No.3251 of 2022
and W.A.No. SR 17063 of 2022
ORDER
(Order of the Court was made by
the Hon'ble Chief Justice)
The application seeking leave to appeal has been submitted to
challenge the judgment dated 28.10.2021. The application has
been submitted in reference to a writ petition preferred by the
petitioner and pending consideration before the Single Bench, but
ignoring the aforesaid, the present writ petition, i.e., W.P.No.5086
of 2019, was decided, which would be affecting the outcome of the
writ petition preferred by the applicant.
2. A reference of prayer in the writ petition preferred by the
applicant has been given. It is submitted that the direction given
by the learned Single Judge in the present writ petition is going to
affect his writ petition and otherwise in ignorance of the Tamil Nadu
Regulations under the Trade Unions Act, 1926. Reference of
Section 28 has been given for the aforesaid. Learned counsel for
the petitioner prays, accordingly, to grant leave to maintain the
appeal.
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https://www.mhc.tn.gov.in/judis
C.M.P.No.3251 of 2022
and W.A.No. SR 17063 of 2022
3. We have considered the submissions made by the learned
counsel for the petitioner and perused the records.
4. The writ petition preferred by the petitioner being
W.P.No.16680 of 2017, contains the following prayers:-
" To issue writ of mandamus directing the 1st and 2nd respondent
to take action against the 4th and 5th respondents on the basis of
the representation given by the petitioner dated 17.03.2017
10.04.2017 and de-recognize and cancel the registration of the
Coimbatore District Textile Workers Union"
and
" To grant an order of interim injunction restraining the 2nd
respondent in any manner approving or processing the office
bearer list sent by the 4th respondent and 5th respondent dated
28.04.2017 pending disposal of the writ petition."
The prayers aforesaid were made in reference to the list of office
bearers sent on 28.04.2017 and accordingly, to consider the
representations made by the petitioner on 17.03.2017 and
10.04.2017.
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https://www.mhc.tn.gov.in/judis
C.M.P.No.3251 of 2022
and W.A.No. SR 17063 of 2022
5. The issue decided in the present writ petition, i.e.,
W.P.No.5086 of 2019, was not in reference to any of the prayers
made by the petitioner in the writ petition preferred by him rather it
was on denial of amendments to the bye-laws by the Registrar
ignoring his jurisdiction under Rule 15 (1) of the Regulations under
the Act of 1926. The learned Single Judge found that the Registrar
had overstepped his powers and accordingly, while quashing the
order dated 26.12.2018, a direction was given to the respondents
to register the amendments.
6. The direction issued by the learned Single Judge is not in
conflict to the prayers made by the petitioner in his writ petition and
otherwise, the applicant could not show any illegality in the order.
The applicant has challenged in his writ petition the list of office
bearers sent on 28.04.2017, which is yet to be adjudicated, thus,
whoever may be the office bearers they are within their rights to
seek amendment in the bye-laws as per the Regulations, which
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https://www.mhc.tn.gov.in/judis
C.M.P.No.3251 of 2022
and W.A.No. SR 17063 of 2022
cannot be denied merely on the ground that a challenge to the list
of office bearers has been made and would sustain and thereby, the
amendments sought by them should not be permitted when no
interim order exists against the functions of the office bearers. If
the writ petition of the applicant is ultimately allowed and a new
team of office bearers comes in, they would be well within their
rights to nullify the amendment or seek amendment as per the
provisions of law and thereupon to be examined by the Registrar.
But, at present, we do not find any ground to allow the application
for grant of leave.
Accordingly, the Civil Miscellaneous Petition seeking leave to
appeal is dismissed. Consequently, the Writ Appeal is rejected at
the SR stage.
(M.N.B., CJ.) (D.B.C., J.)
03.03.2022
Index : Yes/No
sra
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https://www.mhc.tn.gov.in/judis
C.M.P.No.3251 of 2022
and W.A.No. SR 17063 of 2022
M.N.Bhandari, CJ.
and
D.Bharatha Chakravarthy, J.
(sra)
To:
The Joint Commissioner of Labour &
Addl. Registrar of Trade Unions,
Dr.Balasundaram Road,
Coimbatore 641 018.
C.M.P.No.3251 of 2022 and
W.A. No. SR 17063 of 2022
03.03.2022
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https://www.mhc.tn.gov.in/judis
