[Cites 5, Cited by 0]
Madras High Court
The General Secretary vs Metropolitan Transport Corporation on 9 March, 2026
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-03-2026
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CRP Nos. 1417 & 1422 of 2026
and CMP Nos.6840, 6841, 6856 & 6858 of 2026
CRP No.1417 of 2026
The General Secretary,
Labour Progressive Federation, Known
as Thozhilalar Munnetra Sanga Peravai,
Kalaingeragam, No.25, Thiyagaraya
Street, North Usman Road, T.Nagar,
Chennai 600 017.
Petitioner(s)
Vs
1. Metropolitan Transport Corporation
Oozhiyar Munnerta Sangam, Rep by its
General Secretary, Pallavan Salai (Near
Kalaiarangam) Chennai 600 002.
2.D.Arumugam
General Secretary Metropolitan
Transport Corporation Oozhiyar
Munnerta Sangam Pallavan Salai (Near
Kalaiarangam) Chennai 600 002.
3.PTC S.Ravi alias Sivakumar,
President, Metropolitan Transport
Corporation Oozhiyar Munnerta
Sangam Pallavan Salai (Near
Kalaiarangam) Chennai 600 002.
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2
4.M.Perumal
Treasurer Metropolitan Transport
Corporation, Oozhiyar Munnerta
Sangam, Pallavan Salai
(Near Kalaiarangam) Chennai 600 002
Respondent(s)
CRP No.1422 of 2026
1.T.Saravanakumar
General Secretary
Metropolitan Transport Corporation
Oozhiyar Munnerta Sangam
Pallavan Salai (Near Kalaiarangam)
Chennai 600 002.
2.K.Srinivasan
Treasurer
Metropolitan Transport Corproation
Oozhiyar Munnerta Sangam
Pallavan Salai (Near Kalaiarangam)
Chennai 600 002. ..Petitioners
.Vs.
1.Metropolitan Transport Corporation
Oozhiyar Munnerta Sangam
Represented by its General Secretary
Pallavan Salai (Near Kalaiarangam)
Chennai 600 002.
2.Thiru D.Arumugam
General Secretary
Metropolitan Transport Corporation
Oozhiyar Munnerta Sangam
Pallavan Salai (Near Kalaiarangam)
Chennai 600 002.
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3
3.Thiru PTC S.Ravi alias Sivakumar,
President
Metropolitan Transport Corporation
Oozhiyar Munnerta Sangam
Pallavan Salai (Near Kalaiarangam)
Chennai 600 002.
4.Thiru. M.Perumal
Treasurer
Metropolitan Transport Corporation
Oozhiyar Munnerta Sangam
Pallavan Salai (Near Kalaiarangam)
Chennai 600 002.
5.The General Secretary
Labour Progressive Federation
Knows as Thozhilalar Munnetra
Sanga Peravai Kalaingeragam
No.25, Thiyagaraya Street
North Usman Road
T. Nagar
Chennai 600 017. ..Respondents
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4
COMMON PRAYER:
Petitions filed under Article 227 of the Constitution of India, praying to
set aside the Order dated 20/02/2026 passed by the Hon’ble XVI Assistant City
Civil Court, Chennai, in I.A.No.2 of 2026 in O.S.No.842 of 2026 .
For Petitioner(s): Mr.V.Prakash
in CRP No.1417/2026 Senior Counsel
for Ms. G.Ramapriya
in CRP No.1422/2026 Mr.V.Prakash
Senior Counsel
for Mr.S.Gokul
For Respondent(s): Mr. K.Sudalai Kannu
COMMON ORDER
Challenging the impugned order passed in IA.No.2 of 2026 in
O.S.No.842 of 2016, by the XVI Assistant Judge, City Civil Court, Chennai, the
revision petitioners/defendant preferred these Civil Revision Petitions.
2.The Court questioned the maintainability of this revision, since the
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order of interim injunction can be challenged by filing a CMA alone. At this
stage, the learned counsel for the petitioner pointed that as per the new
Amended Code, The Industrial Relations Code, 2020, Civil Court has no
jurisdiction as per Section 22. If at all, any dispute between the trade unions
and the workers, the same can be dealt with by the Tribunal alone which is
having power to entertain such applications and not by the Civil Court. To that
effect, he relied upon Section 22 of the Industrial Relations Code, 2020.
3.As per said provision, if the dispute is between the Trade Union and its
members, workers, Civil Court has no right to deal with such dispute and the
same is to be presented before the Tribunal.
4.By way of reply, the learned counsel for the respondents submit that as
on date, no Tribunal was constituted under the Court, therefore, the Civil Court
is entitled to entertain the suit and also the suit is very much maintainable. He
further submits, on considering the prima facie materials, the Trial Court has
rightly granted the interim injunction, which requires no interference.
5.Per contra, the learned Senior Counsel for petitioner replied that after
the amendment of the Code, which came into force on 21.11.2025, thereafter, a
writ petition was filed in WP.No.47257 of 2025 before this Court, where a
Division Bench of this Court has held as under :
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“4.From Clause (2), it is clear that the existing Labour Courts,
Industrial Tribunals and National Industrial Tribunals constituted under
the Industrial Disputes Act, 1947 shall continue to adjudicate the
existing as well as new cases, for the purpose of ensuring continuity of
adjudication and avoiding any legal or administrative vacuum until the
constitution of Industrial Tribunals and National Industrial Tribunals
under the Industrial Relations Code, 2020.”
6.The learned counsel also pointed out that the Act also has been
amended on 16.2.2026 and the amendment reads as under:
“An Act to amend the Industrial Relations Code, 2020
Be it enacted by Parliament in the Seventy-Seventh Year
of the Republic of India as follows:-
1. (1) This Act may be called the Industrial Relations Code
(Amendment) Act, 2026.
(2) It shall be deemed to have come into force from the
21st day of November, 2025.
2. In the Industrial Relations Code, 2020, in section 104, for
sub-section(1), the following sub-sections shall be substituted,
namely:-
“(1) The following enactments shall stand repealed on and
from the date appointed in the notification issued under sub-
section (3) of section 1, namely:-
(a) the Trade Unions Act, 1926;
(b) the Industrial Employment (Standing Orders) Act,
1946; and
(c ) the Industrial Disputes Act, 1947.
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(1A) Notwithstanding such repeal under sub-section (1),
the functioning of the Tribunals and statutory authorities
functioning under the Act so repealed shall continue to function
till such Tribunals and other statutory authorities becomes
functional under this code.”
7.So, as on date, the amended Industrial Code empowers the existing
Tribunals become functional. Therefore, the existing Labour Court and the
Industrial Tribunals are entitled to decide the disputes between the Trade unions
and the labour office bearers. But, inadvertently, the suit in OS.No.842 of 2026
was filed before the XVI Assistant City Civil Court, Chennai and the same is
pending. After the filing of this CRP, the petitioners filed OP.No.9 of 2026,
before the Industrial Tribunal, Chennai, for a declaration and injunction with
regard to their selection and election made in the year 2022 and the respondents
2 to 4 herein, are also the respondents in that petition as parties are one and the
same; to avoid further other legal complications, this Court is inclined to tag the
suit in OS.No.842 of 2026 with OP.No.9 of 2026 and accordingly, the trial
Court is directed to transfer the case in OS.No.842 of 2026 to the file of the
Industrial Tribunal, within a period of one week from today.
8.Since the issue involved and the parties in OS.No.5938 of 2025 are one
and the same as in O.S.No.842 of 2026, the suit in O.S.No.5938 of 2025 is also
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directed to be tagged along with OS.No.842 of 2026 and OP.No.9 of 2026.
9.The order of interim injunction granted by the Civil Court which is
under challenge before this Court as the Civil Court has no jurisdiction to try the
dispute between the parties, this Court is inclined to vacate the order of interim
injunction granted by the Civil Court. Accordingly, the order of interim
injunction dated 20.02.2026, passed by the XVI Assistant Judge, City Civil
Court, Chennai, in I.A.No.2 of 2016 in O.S.No.842 of 2026, stands vacated.
The Tribunal is directed to try the cases and proceed as per the manner known
to law.
10.With the above direction, these revision petitions stand disposed of.
There shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
09-03-2026
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
kp
Note: Issue order copy on 10.03.2026
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To
1.Metropolitan Transport Corporation
Oozhiyar Munnerta Sangam, Rep by its
General Secretary, Pallavan Salai (Near
Kalaiarangam) Chennai 600 002.
2.D.Arumugam
General Secretary Metropolitan
Transport Corporation Oozhiyar
Munnerta Sangam Pallavan Salai (Near
Kalaiarangam) Chennai 600 002
3.PTC S.Ravi alias Sivakumar,
President, Metropolitan Transport
Corporation Oozhiyar Munnerta
Sangam Pallavan Salai (Near
Kalaiarangam) Chennai 600 002
4.M.Perumal
Treasurer Metropolitan Transport
Corporation Oozhiyar Munnerta
Sangam Pallavan Salai (Near
Kalaiarangam) Chennai 600 002
5.The General Secretary
Labour Progressive Federation
Knows as Thozhilalar Munnetra sanga Peravai
Kalaingeragam
No.25, Thiyagaraya Street
North Usman Road, T. Nagar
Chennai 600 017.
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T.V.THAMILSELVI J.
kp
CRP Nos. 1417 & 1422 of 2026
09-03-2026
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