Madras High Court
The Director Of Public Libraries vs E.Srinivasan on 7 April, 2022
W.A.No.190 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.190 of 2022
and C.M.P.No.1336 of 2022
1.The Director of Public Libraries
737/1, Anna Salai LLA Building
Chennai 600 002.
2.The Librarian (i/c)
Connemara Public Library
Museum Compound
Pantheon Road, Egmore
Chennai 600 008. .. Appellants
Vs
1.E.Srinivasan
2.Mariyappan D
3.Rajesh Narayanan
4.Vatchala Devi R
5.Kalaiarasi G
6.Uthiramary A
7.Mhanraj K
8.Assistant Commissioner of Labour
Enforcement (Chennai)
No.33, Venkatanarayana Salai
Nandanam, Chennai 600 035. .. Respondents
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Page 1 of 6
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W.A.No.190 of 2022
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against
the order dated 06.09.2021 in W.P.No.18618 of 2021.
For the Appellant : Mr.S.Silambannan
Additional Advocate General
Assisted by Mr.M.Babu Barveez
Government Advocate
For the Respondents : Mrs.D.Geetha
for R1, R2 and R4 to R7
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The writ appeal has been filed to challenge the order dated
06.09.2021.
2. The learned counsel for the appellants submits that the
order under challenge has been passed to continue the working of
the petitioners / non-appellants though they were not in service at
the time of passing of the order. It is alleged that by the said
interim order the learned Single Judge had granted final relief to the
petitioners/non-appellants.
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W.A.No.190 of 2022
3. However, learned counsel appearing for the petitioners /
non-appellants submits that they were employed on daily basis and
accordingly the petitioners were reporting every day to the
respondents/appellants. Learned counsel also submits that the
petitioners/non-appellants were pressing for permanent status
under the provisions of the Tamil Nadu Industrial Establishment
(Conferment of Permanent Status to Workmen) Act, 1981 and
therefore, the learned Judge has rightly passed the interim order
and it is not final relief to the petitioners. The learned counsel for
the petitioners/non-appellants further submits that merely due to
pendency of the permanency application if the respondents are
allowed to take action of termination of service it will frustrate the
claim itself.
4. We have considered the rival submissions made by the
learned counsel for the parties and have perused the records.
5. The facts on record show that the writ petition was filed to
seek a restraint on the respondents from altering the service
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W.A.No.190 of 2022
conditions of the petitioners pending disposal of the proceedings
under the Act of 1981 for permanent status. There was no
challenge to the termination or proposed termination, but only
regarding the alteration of service conditions. The learned Single
Judge, while considering the issue, found that the petitioners were
in service since 2007 and they were daily wage workers and has
also recorded that the matter of permanency is pending before the
separate authority.
6. The prayer in the writ petition pertains to the action to be
taken and thereby protection was sought for. However, the learned
Single Judge has granted the relief beyond the scope of the writ
petition and the impugned order is nothing but granting final relief
at the initial stage itself. Thus, the interim order granted is not
permissible.
7. In the light of the aforesaid and the facts narrated herein
by us, and the order of the learned Single Judge is set aside. The
Writ Appeal is allowed and the petitioners / non-appellants would be
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W.A.No.190 of 2022
at liberty to take up the issue in the pending writ petition or a
separate writ petition if their services are terminated in violation of
the principles of law.
There shall be no order as to costs. Consequently, connected
C.M.P.No.1336 of 2022 is closed.
(M.N.B., CJ) (D.B.C., J.)
07.04.2022
Index : Yes/No
KST
To
Assistant Commissioner of Labour
Enforcement (Chennai)
No.33, Venkatanarayana Salai
Nandanam, Chennai 600 035/
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https://www.mhc.tn.gov.in/judis
W.A.No.190 of 2022
M.N.BHANDARI, C.J,.
AND
D.BHARATHA CHAKRAVARTHY, J.
(KST)
W.A.No.190 of 2022
07.04.2022
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