BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2020 CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.2915 of 2013 and MP(MD)No.1 of 2013 Tamil Nadu Arasu Pokkuvarathu Thozhilalar Sangam CITU, Rep. by its General Secretary, 3/1/5, Mudiyarasan Salai, Karaikudi. ... Petitioner -Vs-

1.The Management of Tamil Nadu State Transport Corporation (Kumbakonam)

Limited, Rep. by its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam)

Limited, Karaikudi Region, Maruthupathi, Karaikudi. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to give promotion to the post of Checking Inspectors based only on seniority of the employees working in the post of Special Grade Conductors Level VI/Special Grade Conductors – Level V/Special Grade Conductors grades and in accordance with the existing practice in the first respondent Corporation and forbear the respondents from filling up the post of Checking Inspectors by making selection from the employees who are working in the post of Senior Conductors/Selection Grade/Special Grade Conductors and having the Degree qualification, without issuing notice under Section 9(A) of I.D. Act 1947.

For Petitioner : Mr.S.Arunachalam For Respondents : Mr.K.Sathiyasingh Standing Counsel

ORDER

The relief sought for in the present writ petition is to direct the respondent to give promotion to the post of Checking Inspectors based only on seniority of the employees working in the post of Special Grade Conductors Level VI/Special Grade Conductors – Level V/Special Grade Conductors grades and in accordance with the existing practice in the first respondent Corporation and forbear the respondents from filling up the post of Checking Inspectors by making selection from the employees who are working in the post of Senior Conductors/Selection Grade/Special Grade Conductors and having the Degree qualification, without issuing notice under Section 9(A) of I.D. Act 1947.

2.The writ petition is filed by the Tamil Nadu Arasu Pokkuvarathu Thozhilalar Sangam CITU. The dispute is relating to grant of promotion to the post of Checking Inspectors. The members of the petitioner Sangam are the workman governed under the settlements. Such disputed facts cannot be adjudicated by the High Court under Article 226 of the Constitution of India. The disputed facts and circumstances are to be adjudicated with reference to the documents and the evidences and therefore, the petitioners are bound to approach the competent forum for the purpose of adjudication of these issues. This apart, promotion is an individual grievance and as far as the petitioner is concerned, the petitioner is the Sangam. Therefore, the present writ petition is not entertainable. The petitioner-Sangam have to approach the Labour Court for the purpose of adjudication of all such disputed issues. The principles, in this regard, are considered by this Court in W.P.(MD)Nos.10416 of 2009 and 2926 of 2009 and a Judgment was delivered on 25.07.2019 and the relevant paragraphs are extracted hereunder:-

“...55.Thus, this Court is bound to consider the legal principles settled by the Full Bench of this Court in the case of P.Pitchumani Vs. The Management of Sri Chakra Tyres Ltd,. As far as the judgment of the Full Bench are concerned, the principles are enumerated and those principles are to be applied in respect of entertaining the writ petition under Article 226 of the Constitution of India.

56.When an aggrieved person is a workman within the meaning of the Industrial Disputes Act, 1947 and his service conditions and service benefits are governed under 12(3) settlement, then all such workmen should first approach the Labour Court for adjudication of disputes and issues effectively and thereafter, approach the higher Courts, if their grievances are not redressed. Contrarily, a recent trend is being developed that such indu