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2021 Supreme(Mad) 1976

M.S.RAMESH
Tamilnadu General Workers Union, Rep by. Deputy General Secretary K. Karal Marx – Appellant
Versus
Government of India, Rep. by its Secretary to Government, Ministry of Road Transport and Highways, New Delhi – Respondent


Advocate Appeared:
For the Appellant :K. Arunagiri, Advocate.
For the Respondents:Dr. R. Maheshwari, Inthu Karunakaran, Anand Gopalan for M/s. T.S. Gopalan & Co., Advocates.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents No.1, 2 &7 to 37 from in any manner alternating the conditions of service of the members of the petitioner union, including discontinuance of employment or termination or failing to provide employment under the ambit of downsizing or restructuring, pending adjudication of the Industrial Dispute of the petitioner under Section 33 of the ID Act before the respondents No.3 to 6.)

1. The limited prayer sought for in the present petition is for an issuance of Writ of Mandamus, forbearing the private respondents from altering the conditions of service of the members of the petitioner-union pending adjudication of their industrial disputes raised under Section 33 of the Industrial Disputes Act, 1947.

2. While the petitioner claims that their members are the workmen of the private respondents, who claim to be the concessionaires under the first respondent herein, the private respondents would submit that the members of the petitioner-union are not their workers, but rather, they were engaged under independent contractors and sub-contractors.

3.

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