Madras High Court
The Superintending Engineer vs The Government Of Tamilnadu on 15 June, 2021
W.P.No.26332 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.26332 of 2005
and W.P.M.P.No.28755 of 2005
The Superintending Engineer,
Gobi Electricity Distribution Circle,
Gobichettipalayam. ... Petitioner
Vs.
1. The Government of Tamilnadu,
rep. by its Secretary to Govt.,
Energy Department, Chennai - 9.
2. The Govt. of Tamilnadu,
rep. by its Secretary to Labour and
Employment Dept., Chennai - 9.
3. The Inspector of Labour, Erode.
4. S.Ashok Kumar
5. S.Chinnathambi
6. A.Saravanan
7. S.Veeraraj
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W.P.No.26332 of 2005
8. P.Immanuvel
9. K.Murugesan
10. C.Gunasekaran
11. R.Kandasamy
12. R.Sekar
13. V.Senthilkumar ... Respondents
PRAYER: The Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorari to call for the
records of the third respondent relating to its order passed in petition
No.1117/2004, dated 29.12.2004 and quash the same as illegal.
For Petitioner : M/s.T.S.Gopalan & Co.,
For Respondent
Nos.1 to 3 : Mr.C.Selvaraj
Government Advocate (Civil)
For Respondent
Nos.4 to 13 : Mr.V.Elangovan
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W.P.No.26332 of 2005
ORDER
The present Writ Petition has been filed for the issuance of a
Writ of Certiorari to call for the records of the third respondent relating to
its order passed in petition No.1117/2004, dated 29.12.2004 and quash the
same as illegal.
2. When the matter is taken up for final hearing, the learned
counsel appearing for the petitioner would submit that respondent Nos. 1 to
6 have already been considered and given permanent status and only in
respect of respondent No.7, the matter may be considered, if he fulfills the
conditions and norms laid down by the Division Bench of this Court
reported in (2009) 3 LLN 325 [Superintending Engineer, Nagapattinam
Electricity Circle, Tamil Nadu Vs. The Inspector of Labour] as well as the
Settlement, which are taken place between the Union and the Management
under Section 12(3) of the Industrial Disputes Act, 1947.
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W.P.No.26332 of 2005
3. Considering the submission, a direction is given to the
petitioner to consider the case of the seventh respondent for regularization,
if he fulfills the conditions and norms required under 12(3) Settlement read
with judgment of the Hon'ble Division Bench of this Court cited supra. The
petitioner is further directed to consider and pass orders within a period of
six weeks from the date of receipt of a copy of this order.
With the above observation, the Writ Petition is disposed of.
There shall be no order as to costs. Consequently, connected miscellaneous
petition is closed.
15.06.2021
asi
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W.P.No.26332 of 2005
To
1. The Secretary to Government,
Energy Department, Chennai - 9.
2. The Secretary to Labour and
Employment Department, Chennai - 9.
3. The Inspector of Labour,
Erode.
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W.P.No.26332 of 2005
M. GOVINDARAJ, J.
asi
W.P.No.26332 of 2005
and W.P.M.P.No.28755 of 2005
15.06.2021
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