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2003 Supreme(Mad) 959

P.D.DINAKARAN
Tamil Nadu Co-operative Subordinate Officers'Association – Appellant
Versus
Government of Tamil Nadu – Respondent


Advocates Appeared:
Mr.S.M. Subramaniam, Advocate for Petitioner.
Mr. N.R. Chandran, Advocate General for Respondents.

Judgment

1. In W.P.No. 18545 of 2003, the petitioner seeks a writ of Declaration to declare that the Tamil Nadu Essential Services Maintenance Act, 2002 (Act No.36 of 2002) is unconstitutional and ultra vires to the fundamental rights ensured under the Constitution of India. Along with the above writ petition three W.P.M.P.Nos. 23169 to 23171 of 2003.


2. In W.P.M.P.No.23169 of 2003, the petitioner seeks to dispense with the production of the certified copy of the impugned Tamil Nadu Essential Services Maintenance Act, 2002 (Act 36 of 2002).


3. In W.P.M.P.No.23170 of 2003, the petitioner seeks to stay the operation of the impugned Tamil Nadu Essential Services Maintenance Act, 2002 (Act 36 of 2002).


4. In W.P.M.P.No.23171 of 2003, the petitioner seeks an order of injunction restraining the respondents and their subordinates from any manner registering the cases or arresting the Tamil Nadu Government Employees, members of the petitioner association under the provisions of the Tamil Nadu Essential Services Maintenance Act, 2002 (Act No.36 of 2002).


5. When the above matter came for admission on 4.7.2003, this Court discouraging the strike undertaken by the Government servants also

























































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