E.Tamilselvan vs Government Of Tamil Nadu
2021 Latest Caselaw 12577 Mad

                                                                            W.A.No.3424 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 28.06.2021

                                                        CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                W.A.No.3424 of 2019
                                             and C.M.P.No.22007 of 2019

                     1.E.Tamilselvan
                     2.V.Ramakrishnan
                     3.D.Saravanan
                     4.K.Jayashankar
                     5.V.Pachaiappan
                     6.B.Karthick                                                 .. Appellants

                                                          Vs

                     1.Government of Tamil Nadu
                       Rep. by its Principal Secretary,
                       Industries Department,
                       Fort St.George, Chennai - 600 009.

                     2.Commissioner of Sugars,
                       No.960, Anna Salai,
                       Chennai - 600 035.

                     3.Management,
                       Madurantagam Co-operative Sugar Mills,
                       Padalam,
                       Kancheepuram District.                                  .. Respondents


                               Appeal filed under Section 15 of the Letters Patent against the

                     order dated 30.08.2013 made in W.P.No.24367 of 2013.


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                               W.A.No.3424 of 2019




                               For Appellant          :     Mr.Balan Haridas

                               For Respondents        :     Mr.S.John J Raja Singh
                                                            Government Counsel
                                                            for R1 and R2

                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal lies in a narrow compass. The appellants during the

pendency of the dispute sought for a declaration declaring the action

of the third respondent in engaging the contractors/contract employees

to do the skilled work as against the direct recruitment.

2. Learned Single Judge, after interpreting para 5 (e) of the

Government Order in G.O.Ms.No.110 Industries Department, dated

07.08.2010, has held that it does not prevent the third respondent -

Sugar Mills from employing the contract labourers or the employees

who have given voluntary retirement.

3. It has been clearly held by the learned Single Judge that what

has been done is only an interim arrangement and the employees

sought to be given employment possess requisite skill as they were

admittedly working earlier at that point of time.

https://www.mhc.tn.gov.in/judis/ W.A.No.3424 of 2019

4. In such view of the matter, we do not find any reason to

interfere with the order passed by the learned single Judge.

Accordingly, the writ appeal stands dismissed. It is made clear that our

order will not stand in the way of the dispute being decided or to be

raised before the Tribunal. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                        (M.M.S., J.)    (R.N.M., J.)
                                                                                28.06.2021
                     Index:Yes/No
                     mmi/ssm


                     To

                     1.The Principal Secretary,
                       Industries Department,
                       Fort St.George,
                       Chennai - 600 009.

2.The Commissioner of Sugars, No.960, Anna Salai, Chennai - 600 035.

https://www.mhc.tn.gov.in/judis/ W.A.No.3424 of 2019

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.3424 of 2019

28.06.2021

https://www.mhc.tn.gov.in/judis/