1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.11997 of 2011 And M.P.(MD) Nos.1 and 2 of 2011 Tamizhaka Arasu Pokuvarathu Thozhilalar Sangam (CITU), Represented by its General Secretary, 23-B, Nesamani Nagar,Ranithottam,Nagercoil-629 001, Kanyakumari District. : Petitioner vs. 1.The Government of Tamil Nadu, Represented by its Secretary, Labour and Employment Department, Fort St. George, Chennai-600 009. 2.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., 19, Thiruvananthapuram Road, Vannarpettai, Tirunelveli-627 003. 3.The General Manager, Regional Office, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Ranithottam, Nagercoil-625 001, Kanyakumari District. : Respondents Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the second respondent's tender notification proceedings item No.42 in tender notification No.2189/CPD/OT/2011, published in 'Daily Thanthi' dated 21.9.2011 and quash the same, consequently dire4ct the second and third respondents to run the Canteens directly by the respondents, in the third respondent's Nagercoil Region. For Petitioner : Ms.K.Saraswathi For Respondents : Mr.K.P.Krishnadoss, Government Advocate. O R D E R The petitioner has come up with the above writ petition, challenging a portion of the tender notification issued by the second respondent. 2. Heard Ms.K.Saraswathi, learned counsel for the petitioner and Mr.K.P.Krishnadoss, learned Government Advocate for the respondents. 3. The petitioner is a Trade Union of persons working in the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd. The petitioner has challenged a tender notice issued by the second respondent on 21.9.2011, inviting bids for about 45 items. Item No.42 of the tender notification relates to the supply of tea, sweet bread etc., for the Nagercoil Region. https://hcservices.ecourts.gov.in/hcservices/ 2 The petitioner is aggrieved by the said item No.42, on the ground that the issuance of a tender in respect of the supply of those food items, would result in tampering with the Settlement reached between the Union and the Management under the Industrial Disputes Act, 1947 and would also amount to alteration of the conditions of service of the employees. 4. However, after notice, the Assistant Manager of the second respondent-Corporation has given para-war remarks to the learned Government Advocate. As against the averments contained in paragraphs 11 and 12 of the affidavit in support of the writ petition, the para-war remarks state that as per the Settlement under Section 12(3) of the Industrial Disputes Act, 1947, the employees are to be supplied with sweet bread and tea and that therefore, the tender notice included the said item, as was done on the previous occasions. It is further stated in the para-war remarks that the employees working in the Canteens would still continue in the Corporation with all existing benefits. 5. In other words, it is clear from the para-war remarks given by the respondents that the existing terms and conditions of service as per Section 12(3) Settlement, would not be altered and that the Canteen employees will not suffer any prejudice by this notification. 6. In view of the said statement, nothing survives for adjudication in this writ petition and hence it is dismissed. No costs. Consequently connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Government of Tamil Nadu, Labour and Employment Department, Fort St. George, Chennai-600 009. 2.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., 19, Thiruvananthapuram Road, Vannarpettai, Tirunelveli-627 003. 3.The General Manager, Regional Office, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Ranithottam, Nagercoil-625 001, Kanyakumari District. +1cc to Mr.K.Vamanan, Advocate, SR.No.37243 svn : GH : 04.11.2011 : 2p/5c WP(MD) No.11997/2011 31-10-2011 https://hcservices.ecourts.gov.in/hcservices/