THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN WRIT APPEAL No. 1173 of 2001 JUDGMENT: (Per T. Meena Kumari, J) The present Writ Appeal has been ﬁled against the orders of the learned Single Judge in Writ Petition No. 16719 of 2000, dated 12.6.2001. The Writ Petition was ﬁled by M/s Nellimarla Jute Mills Company Limited by its President seeking writ of mandamus directing the respondents to restrain the outside leaders from participating in the negotiation meetings between the petitioner company and its workmen before the labour department and further to restrain Mr. P. Prasad from entering into the petitioner’s factory or anywhere near the petitioner factory premises within the vicinity of 500 mtrs. The learned Single Judge after hearing both the parties and also relying on the judgment of the apex Court reported in S.B.I. STAFF ASSOCIATION Vs. S.B.I. (1996(4) S.C.C. 378) has allowed the Writ Petition and issued writ as sought for by the petitioner against which the present Writ Appeal has been preferred. Heard both sides. The learned counsel for the appellant has contended that the management which has ﬁled the Writ Petition has no authority to ﬁle the Writ Petition and that the writ itself is not maintainable as the grievance of the Writ Petitioner is more or less in the form of seeking injunction against the respondents and more so in the absence of any material available on record that the Government has directed the petitioner Mill to negotiate with the said Prasad. The said Writ Petition is not maintainable as no cause of action arose for filing the Writ Petition. On the other hand, the learned counsel for the 1st respondent has contended that in view of the unrest created in the mill and taking into consideration of the circumstances prevailing in the said Mill, the management is bound to ﬁle the present Writ Petition seeking prayer as sought for in the Writ Petition. On perusal of the records, it is clear that the oﬃcial respondents have directed the Jute Mill to negotiate with the said Prasad, who happened to be the 2nd appellant herein to be one of the participants for negotiations. Having gone into the Order passed by the learned Single Judge and also after hearing both the parties, we are of the opinion that the Writ Petition ﬁled under Article 226 of Constitution of India itself is not maintainable and the same is liable to be dismissed. Accordingly, the Writ Appeal is allowed and the Writ Petition is dismissed. _______________________ T. MEENA KUMARI, J _______________________________ RAMESH RANGANATHAN, J 17.7.2008 CHV