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Our Legal Correspondent

Chennai, Aug. 8

The Madurai Bench of the Madras High Court dismissed a writ petition from an un-registered body of State Government employees – TN Govt Office Assistants and Basic Servants Association, Dindigul – holding that an un-registered union could not file a writ petition in the court.

Mr Justice K. Chandru, while hearing the petition praying for quashing proceedings dated 2-4-2007 of the District Collector, Dindigul, cited the order of a Full Bench of the High Court (reported in AIR 1989 Madras 224) holding categorically that an unregistered body could not maintain a writ petition. The petitioner, while admitting that theirs was not a registered body under any law, submitted that the association had received a recognition from the Government as a service association.

Referring to plea of the petitioner that the petition could be maintained since the association had received recognition, the Judge said that such a plea could not be accepted when the maintainability of petition was in question.

Subsequent to the Full Bench decision, the question was raised again by the All-India Lawyers’ Union, TN (reported in 1992 (2) LW 577) the court repelled the contention that a recognition granted by the Government would not remedy the situation. At best, it could help the association to maintain correspondence with the Government, and on that ground, an application before the Administrative Tribunal could be filed.

The Judge held that in the light of the decisions cited above, the present writ petition stood dismissed.

More Stories on : Trade & Labour Unions | Courts/Legal Issues | Tamil Nadu

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