Case Law :t. K. Rangarajan Vs Govt of Tamil Nadu and Others

Case Law :T. K.  Rangarajan vs Govt of Tamil Nadu and Others

Employees of Govt of Tamil Nadu went on strike. Government of Tamil Nadu in 2002 brought on to to the statute book a legislative enactment –The Tamil Nadu Essential Services Maintenanace Act(TESMA) arming the executive with arbitrary powers to suppress not only the strike but even the slightest form of protest by its employees. Provisions said it could declare any service to be ‘essential service’

Further an ordinance introducing an amendment to the scheme of TESMA was promulgated by the Govt of Tamil Nadu. This incorporated provisions empowering the government to effect en masse disciplinary action against employees for violations.

Apart from this there already existed a Rule 22 in the Tamil Nadu Govt Servants’ Conduct Rules 1973 providing a blanket ban not only on strikes of employees but any form of demonstration also. A wall of enactment, ordinances and notification was erected to counter any action of protest.

Since long legal machinery of grievance redressal was non functional with only one bench of Administrative Tribunal working in the entire state. Route to approach High court stood blocked by none other than Supreme Court in L Chandrakumar case that High Courts could not be approached directly.

Employees took to protest against this prevailing situation and started strike. Govt rather than redressing grievances dismissed 2 lakh employees at one stroke, sent many to jails, implicated hundreds in false cases. The Honble Supreme court termed it as unprecedented but later justified the unprecedented.

In expectation of justice employees approached High Court of Tamil Nadu, Chennai but it was thrown out on the ground that employees must approach Administrative Tribunal first.

It was against this judgement of High Court that employees approached Supreme Court invoking its appellate jurisdiction.