HC slaps Rs 10,000 fine for filing miscellaneous petition

HC slaps Rs 10,000 fine for filing miscellaneous petition Chennai | Wednesday, Mar 4 2009 IST The Madras High Court today slapped a fine of Rs 10,000 on a trade union affiliated to All India Anna DMK (AIADMK) for filing a miscellaneous petition seeking modification or clarification of the court's earlier order relating to the trade union election for recognition in Tamil Nadu Civil Supplies Corporation. While dismissing the petition, a division bench comprising Mr Justices Elipe Dharmarao and R Subbaiah said the petitioner had filed a modification petitioin instead of an appeal petition. ''The party affected by judgement in a case should prefer an appeal and should not file a modification petition'', the bench observed. The petitioner had resorted to this only with a malicious motive of stalling the ongoing election process, the bench said and dismissed the petition with a fine. The bench imposed a fine of Rs 10,000 to be paid by the petitioner for the Chief Justice's Relief Fund and also directed the Civil Supplies Corporation to complete the election process within six weeks. Tamil Nadu Civil Supplies Corporation Pirivu Anna Thozhir Sangam, a workers union, in its miscellaneous petition sought to modify the order of the High Court to effect that in the union election for getting recognition, if one union secures 51 per cent of the votes polled then that be declared a recognised union. But if a union does not secure 51 per cent of votes, the Union or Unions which put together secure 51 per cent of votes must be declared as recognised. This order will affect the stakes of the union who get majority support of the workers, it submitted. The bench said it passed the order according to the Supreme Court's earlier order and direction.

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