Trichy Tollway Private Limited vs District Collector And Others

C.Saravanan, J

This Writ Petition has been field for issuance of a Writ of Mandamus, to direct the first and second respondent to take appropriate steps to maintain law and order and to ensure the smooth running / functioning of Toll Operation in Sengurichi Toll Plaza, Kallakurichi District and Thirumandurai Toll Plaza, Perambalur District.

The fourteenth respondent appears to be a subcontractor of the petitioner who is a concessionaire and has been allowed to collect toll for 20 years starting from the year 2006 and ending with the year 2026. It appears that the petitioner engaged in the service of the said subcontractor for maintenance and operations of Sengurichi Toll Plaza, Kallakurichi District, and Thirumandurai Toll Plaza, Perambalur District.

It appears that the fourteenth respondent has attempted to alter the service conditions of the workers whose interest is represented by the twelfth and thirteenth respondents herein. The matter is subjudice before the Conciliation Officer. In terms of Section 33 of the Industrial Disputes Act, 1947, the service conditions of the employees cannot be altered without permission of the authority during conciliation proceedings.

The specific case of the petitioner is that the employees of the fourteenth respondents whose interest is represented by the twelfth and thirteenth respondents herein, have taken a law and order in their hands and disrupted the toll operations in these Toll Plazas and hence the petitioner has prayed for the above relief.

Mr.A.Selvendran, the learned Special Government Pleader for the first to tenth respondents submits that the toll operations have been restored. However, police protection cannot be given for a longer period as there is a private dispute between the employees whose interest is represented by the twelfth and thirteenth respondents herein and the fourteenth respondent (concessionaire and subcontractors of the petitioner).

Mr.Balan Haridas, the learned counsel for the twelfth respondent Union who represents the interest of the employees of the fourteenth respondent, submits that none of the papers have been served and therefore prays for time to file counter affidavit before further orders are passed.

Mr.M.Uma Shankar, the learned counsel for the thirteenth respondent submits that the conciliation proceeding is listed for hearing before the eleventh respondent on 05.10.2022 (i.e. Tomorrow) at 10 a.m.

Considering the facts that the toll operations have been restored in both Toll Plazas, the official respondents, particularly, the third to eighth respondents are directed to maintain status quo as on date. The demonstration, if any, by the employees whose interest is represented by the twelfth and thirteenth respondents, may be away from the Toll Plazas without disruption of vehicles in Toll Plazas. It is made clear that the demonstration, if any, by the employees may be permitted by the authorities by ensuring that there is no undue incidents in the Highways and lane movement of vehicles.

The petitioner and the fourteenth respondent are also directed to maintain the status quo as far as the status of employees are concerned unless further orders are passed by the eleventh respondents conciliating the industrial dispute between the employees whose interest is represented by the twelfth and thirteenth respondents and the fourteenth respondent.

Notice is ordered on the eleventh, fourteenth and fifteenth respondents through Court returnable by 10.10.2022. Private Notice is also permitted.

Post this case on 10.10.2022 for filing counter affidavit and further orders in the regular sitting of the Court.