2025:MHC:2849 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-12-2025 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.45122 of 2025 & WMP NO. 53422 OF 2025, WMP NO. 50272 OF 2025 Tamilnadu Nugrporul Vaniba Kazhaga Anna Thozhir Sangam (2934/C.N.I), Rep By its Secretary K.Sivan, No.12, Thambusamy Road, Kilpauk, Chennai-600 010. … Petitioner Vs.

1. The Managing Director Tamil Nadu Civil Supplies Corporation, Head Office, CMRL Building, Poonamallee High Road, Koyambedu, Chennai-600 107.

2.The Election Officer The Additional Labour Commissioner, Labour Welfare Board Buildings, 6th Floor, DMS Complex, Teynampet, Chennai-600 006.

3.The Manager (Administration)-1 Tamil Nadu Civil Supplies Corporation Ltd, Head Office, CMRL Building, Poonamallee High Road, Koyambedu, Chennai-600 107.

4.Tamil Nadu Civil Supplies Corporation Employers Union, Represented By General Secretary, Having Office At, No.12, Thambusamy Road, Kilpauk, Chennai - 600 010. … Respondents (R4 Impleaded Vide Order Dated 03.12.2025 Made In W.M.P.53422/2025 in W.P.45122/2025 By DBCJ)

For Petitioner: Mr.G.Purusothaman For Respondents: Mr.S.Ravi Senior Counsel, for Mr.C.Selvaraj, for R1 & R3 Mr.A.M.Ayyappan, Government Advocate, for R2 Mr.V.Prakash, Senior Counsel, for Mr.Gowtham S.Raman Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus, to call for the records of the impugned Notification of the 2nd respondent herein in proceedings No.Na.Ka.No.Ee/981/2022 dated 27.10.2025 by including Class I and Class II officers as voters for the election to grant recognition to Trade Unions in the 1st respondent corporation and quash the same and consequently to direct the 2nd respondent herein to conduct the election with permanent workmen (Class III and Class IV) only as voters in the election for recognition of Trade Unions in the 1st respondent’s Corporation amended as to call for the records of the Impugned Notification of the 2nd respondent herein in proceedings No. Na.Ka.No.Ee/981/2022 dated 19.11.2025 by including Class I and Class II Officers as voters for the election to grant recognition to Trade Unions in the 1st Respondent Corporation and Quash the same and consequently to direct the 2nd respondent herein to conduct the election with permanent workmen (Class III and Class IV) only as voters in the election for recognition of Trade Unions in the 1st respondents Corporation and pass.

(Prayer Amended vide order dated 03.12.2025 made in W.M.P.No.52718/2025 in W.P.45122/2025 by DBCJ)

ORDER

This Writ Petition is filed challenging the impugned notification of the second respondent dated 27.10.2025 and to quash the same and consequently to direct the second respondent herein to conduct the election with Permanent Workmen Class III and IV only as voters in the election for recognition of the trade unions in respect of the first respondent Corporation.

2. Heard Mr.G.Purusothaman, the Learned Counsel for the petitioner and perused the material records of the case.

3. The case of the petitioner is that the petitioner is a registered trade union functioning in the first respondent Corporation. While so, it is stated that now a notification is issued for the purpose of recognising the trade union for negotiating with reference to matters relating to the Workmen with the management. When the notification was issued, it includes Class I and Class II Officers also as voters. Class I and Class II Officers cannot vote because they are not Workmen. Secondly, it also includes seasonal workmen also. The seasonal workmen were always pleaded to be not on the regular rolls by the Corporation. Thirdly, it can be seen that several new persons also are recently appointed and their names and addresses itself are not known to the petitioner trade union, when one of the trade unions which is already recognised is now in an advantageous position to canvass for itself with the new members.

4. The Learned Counsel for the petitioner wou