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2023 Supreme(Mad) 2484

S. S. SUNDAR, D. BHARATHA CHAKRAVARTHY
P. Balasubramani – Appellant
Versus
Boiler Plant Employees Union/INTUC, Represented by its Working President Shri. R. Kalyanakumar (Staff No. 2212544), Bharat Heavy Electricals Limited, Tiruchirapalli – Respondent


Advocates appeared:
For the Appellant:S.K. Mani, Advocate. For the Respondents:R1, Isaac Mohanlal, Senior Counsel, R.M. Makesh Kumaravel, R2 & R3, Raguvaran Gopalan, Advocates.

JUDGMENT

(Prayer: Writ Appeal has been filed under Clause 15 of Letters Patent to set aside the order, dated 24.11.2022 made in W.P.(MD)No.25032 of 2022 on the file of this Court.)

D. Bharatha Chakravarthy, J.

This Writ Appeal is directed against the order of the learned Single Judge of this Court, dated 24.11.2022 in W.P.(MD)No.25032 of 2022, in and by which the writ petition was disposed of by directing the respondents in the writ petition to invite and permit the group led by Thiru.R.Kalyanakmar, the petitioner therein to participate in the petition mentioned meetings. The learned Single Judge also made the order subject to any order including interim order that may be passed in the civil suit pending between the parties.

1.1. The factual matrix in which, the case arises is that the first respondent, namely, Bharat Heavy Electricals Limited recognizes Trade Unions to participate in the meetings to represent the interest of the workman, based on the votes secured by the various Unions. Accordingly, for the year 2002, election was held. The Trade Union by name Bioler Plant Employees Union/INTUC, represented by the President, Mr.R.Kalyanakumar (the writ petitioner), secured 579 votes a

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