Madras High Court
S.Lakshminarayanan vs The Chairman on 15 December, 2021
W.P.No.1185 of 2020 etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2021
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.Nos. 1185, 1188, 1189, 1191, 1195, 1449, 1452 to 1455,
1458 to 1460, 1463 to 1470, 1472, 1473, 1475, 1476, 1478 to
1483, 1485 to 1510, 1512 to 1515, 1519, 1520, 1523 to 1525,
1528, 1530 to 1535, 1537, 1540, 3101 to 3107, 3109 to 3112,
3114 to 3138, 3140, 3141, 3143, 3147, 3151, 3152, 3154, 5232,
5235, 5237, 5238, 5240 to 5242, 5244, 5248, 5260 to 5267,
5269 to 5277, 5279, 5280, 5283 to 5285, 5287, 10193, 10195
to 10199, 10497 to 10499, 14708, 18914, 18920, 18923, 18929,
18931, 18937, 18941, 18944, 18951, 18952, 18956, 18959,
18965, 18967 and 18970 of 2020
W.P.No.1185 of 2020:-
S.Lakshminarayanan .. Petitioner
vs
1. The Chairman,
TANGEDCO,
No. 144, Anna Salai,
Chennai - 600 002.
2. The Chief Engineer (Personnel),
TANGEDCO,
No. 144, Anna Salai,
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W.P.No.1185 of 2020 etc. batch
Chennai - 600 002.
3. The Secretary,
TANGEDCO,
No. 144, Anna Salai,
Chennai - 600 002.
4. The Superintending Engineer,
TANGEDCO,
No. 144, Anna Salai,
Chennai - 600 002. ..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying for a Writ of Declaration to declare that (Per.) FB TANGEDCO
Proceedings No. 8, dated 2nd March 2019, is illegal and ultravires of
Articles 14 and 16 of the Constitution of India and thereby forbear the
respondents from deploy any person in the Tamilnadu Electricity
Board under the guise of the above said impugned proceedings and
also direct the respondents to consider and absorb the petitioner in
any permanent post in TANGEDCO according to the eligibility of the
petitioner.
For the Petitioner : Mr. N.Suresh (in all W.P.s except
W.P.No.14708 of 2020)
Mr. M.Dinesh (in W.P.No.14708
of 2020)
For the Respondents : Mr. Anand Gopalan
for M/s. T.S.Gopalan & Co.
(in all W.P.s)
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W.P.No.1185 of 2020 etc. batch
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W.P.No.1185 of 2020 etc. batch
COMMON ORDER
(Order of the Court was made by
the Hon'ble Acting Chief Justice)
This batch of writ petitions except W.P.No.14708 of 2020 has
been filed to challenge the proceedings dated 02.03.2019.
2. W.P.No.14708 of 2020 has been filed to challenge the
proceedings dated 06.03.2019 issued by the first respondent and
the notification dated 07.03.2019 issued by the third respondent
and consequently forbear the respondents from abolishing or
reducing any posts without issuing any notice under Section 9-A of
the Industrial Disputes Act and also without holding talks and without
entering into any new settlement modifying or replacing the
settlement dated 22.02.2018 and in prejudice to the interest of the
workman and their conditions of service as contract labourer in the
existing vacancies in the post of field assistant with all consequential
benefits.
3. The challenge to the proceedings and notification has been
made precisely in reference to Articles 14 and 16 of the Constitution
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W.P.No.1185 of 2020 etc. batch
of India and thereby, a direction has been sought to absorb the
petitioners on any permanent post in Tamil Nadu General and
Distribution Corporation Limited (TANGEDCO).
4. These writ petitions were argued at length in reference to
the proceedings under challenge and even the corrigendum issued
by the respondents during the pendency of a few writ petitions on
09.07.2020. The arguments were made in reference to the Tamil
Nadu Industrial Establishments (Conferment of Permanent Status to
Workmen) Act, 1981 and also the Industrial Disputes Act, 1947. It
was submitted that during the pendency of a dispute before the
Conciliation Officer, condition of service has been changed in
violation of Section 9-A of the Act of 1947. The petitioners were
otherwise entitled to get automatic permanent status pursuant to
the Act of 1981. Reference of the few judgments has been given.
5. When the Court questioned about the maintainability of
these writ petitions in view of the remedy available under the Act of
1981 and even under the Act of 1947, and that too in the given
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W.P.No.1185 of 2020 etc. batch
circumstances when finding of fact has to be recorded, learned
counsel for the petitioners pray for withdrawal of these writ petitions
as has been done by the other petitioners in the connected matters,
but with liberty to take appropriate remedy for redressal of the
grievance of the poor workmen, who are working in the
establishment of the respondents for several years.
6. Learned counsel for the respondents has prayed for liberty
to raise objection to the remedies taken by the petitioners, if any.
7. After considering the facts of these cases and taking into
consideration the just prayer of the learned counsel for the
petitioners in the interest of their clients, we allow the withdrawal of
these writ petitions with liberty to take any appropriate remedy
which is available to the petitioners. The respondents would be at
liberty to take appropriate objection therein, if it is available to
them.
8. With the aforesaid liberty, all these writ petitions are
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W.P.No.1185 of 2020 etc. batch
disposed of. W.M.P.Nos.1453, 1455, 1458, 1460, 1463, 1715, 1718,
1720, 1722 to 1724, 1727, 1726, 1730, 1731, 1733 to 1738, 1740
to 1743, 1746, 1747, 1749, 1750 to 1752, 1754 to 1757, 1759 to
1766, 1768 to 1774, 1776, 1777, 1779 to 1784, 1786 to 1788,
1790, 1791, 1793, 1795, 1796, 1798, 1801 to 1803, 1805 to 1807,
1810, 1811, 7192, 11817, 18278 and 18279 of 2020 are closed.
There will be no order as to costs.
(M.N.B., ACJ.) (P.D.A., J.)
15.12.2021
Index : Yes/No
vjt
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W.P.No.1185 of 2020 etc. batch
To:
1. The Chairman,
TANGEDCO,
No. 144, Anna Salai,
Chennai - 600 002.
2. The Chief Engineer (Personnel),
TANGEDCO,
No. 144, Anna Salai,
Chennai - 600 002.
3. The Secretary,
TANGEDCO,
No. 144, Anna Salai,
Chennai - 600 002.
4. The Superintending Engineer,
TANGEDCO,
No. 144, Anna Salai,
Chennai - 600 002.
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W.P.No.1185 of 2020 etc. batch
M.N.BHANDARI, ACJ
AND
P.D.AUDIKESAVALU,J.
vjt
W.P.No.1185 of 2020 etc. batch
15.12.2021
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