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2006 Supreme(Mad) 716

D.MURUGESAN
Arasu Viraivu Pokkuvarathu Oozhiyar Sangam represented by its General Secretary – Appellant
Versus
State Express Transport Corporation Limited represented by its Managing Director & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. D. Hariparanthaman, Advocate. For the Respondents: R1 & R2 Mr. R. Thiyagarajan senior counsel for Mr. L.G. Sahadevan, R3 Mr. M. G. H. Varadharajan Addl. Govt. Pleader.

Judgment :-

(Writ petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of declaration, declaring the order No.13/15039/A1/SETCTN/2002 dated 5.10.2005 issued by the respondent No.2 in reverting the Data Entry Operators to the post of conductors/technical staff during pendency of conciliation without seeking prior permission in writing under Section 33(1)(a) of I.D. Act from the 3rd respondent is null and void, illegal, non-est and inoperative and direct the respondents 1 and 2 to continue the services of the workmen in the post of Data Entry Operators till the dispute is adjudicated by the Labour Court/Tribunal.)

The petitioner is Arasu Viraivu Pokkuvarathu Oozhiyar Sangam represented by its General Secretary. According to the petitioner, the members of the Union, initially were employed as conductors/technical staff. They were later on appointed as Data Entry Operators and have served in such capacity for over a period of nearly 16 to 18 years. As the respondent Corporation made an attempt to outsource the computer work to outside contractors by calling for tenders, the petitioner filed Writ Petition No.6491/2002 challenging the tender notic


















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