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Orders reserved on plea against ordinance

By Our Staff Reporter

CHENNAI AUG. 11. The Madras High Court today reserved orders on a fresh petition from the Tamil Nadu Cooperative Subordinate Officers Association seeking to declare certain provisions of the ESMA and the ordinance issued on July 4 as `unconstitutional'.

The petitioner-association assailed the ESMA provisions and the ordinance amending Section 7 of the Act, stating that they `threatened the very existence of employees unions, and hence should be declared null and void'. It, therefore, prayed for staying the operation of the Act and the ordinance.

When a penal provision of three-year imprisonment with or without fine was available under the parent Act, any further punishment such as removal from service as contemplated under the ordinance would amount to double punishment and attract the `principle of double jeopardy', it said.

The Advocate-General, N.R. Chandran, submitted that the association was not among the petitioners who moved the Supreme Court challenging the validity of the ESMA and the ordinance, and that the apex court had not set aside a division bench order of the Madras High Court.

Justice K. Govindarajan, hearing the petition, pointed out that the Supreme Court had said the employees could approach the High Court only if the State Administrative Tribunal was not functioning. "Can you say the Tribunal is not functioning?"

As for the argument that the apex court dealt only with reinstatement of the dismissed employees and did not decide any legal issues pertaining to the Act and the ordinance, the judge said, "We cannot interpret Supreme Court orders. You can file a review petition if you want and get clarifications. As per law, the Tribunal is functioning, and those (like college teachers), who cannot move the Tribunal, should have moved the Supreme Court." He then reserved his orders without mentioning any date.

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