Madras High Court
A.Gandhi vs The Government Of Tamilnadu on 30 March, 2022
W.P. No. 5613 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 5613 of 2018
and
W.M.P. Nos. 6939 and 18199 of 2018
1. A.Gandhi
2. K.Manjula
3. L.Chinnathambi
4. A.Devaraj
5. P.Vijayakumar
6. M.Kanniyappan
7. G.Velu
8. T.Ramajeyam
9. R.Ranjithkumar
10. C.Krishnan
11. R.Elumalai
12. B.Gnanasundaram
13. G.Rajendiran … Petitioners
-vs-
1. The Government of Tamilnadu,
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W.P. No. 5613 of 2018
Represented by its Secretary,
Energy Department,
Fort St.George, Chennai-600 009.
2. The Government of Tamilnadu,
Represented by its Secretary,
Labour and Employment Department,
Fort St.George, Chennai-600 009.
3. Tamilnadu Generation and Distribution Corporation Ltd.,
Represented by its Chief Engineer (Establishment),
No.144, Anna Salai, Chennai-600 002.
4. The Superintending Engineer,
Thiruvannamalai Electricity Distribution Circle,
Vengikkal, Tiruvannamalai-606 604.
5. The Inspector of Labour,
Office of the Inspector of Labour,
Thiruvannamalai. ... Respondents
Prayer:- Writ Petitions filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the Respondents herein to
absorb the Petitioners herein in their respective service in view of the Award
passed by the Fifth Respondent herein in Na. Ka. E/3479/2001, dated
19.12.2002, which was confirmed by the Judgment of this Honourable Court
dated 24.04.2012 in W.P. No. 26829 of 2003 and recommendation was made by
the Fourth Respondent in his Letter No. 122115/Me.Po./Ni.A./Ni.Pi-
3/Ni.Me./Ni.U.2/2015-2, dated 03.10.2015 by considering the representations of
the Petitioners dated 30.03.2017.
For Petitioners : Mr. Na.Malaisaravanan
For Respondents : Mrs. C.Sangamithirai
Special Government Pleader (For R1, R2 & R5)
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W.P. No. 5613 of 2018
Mr. Anand Gopalan
for M/s. T.S.Gopalan & Co. (For R3 & R4)
ORDER
Heard Mr. Na.Malaisaravanan, Learned Counsel for the Petitioners and
Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the
First, Second and Fifth Respondents, Mr. Anand Gopalan, Learned Counsel for
the Third and Fourth Respondents and perused the materials placed on record,
apart from the pleadings of the parties.
2. The Petitioners, who have obtained an order dated 19.12.2002 in Na.
Ka. No. E/347/2001 from the Inspector of Labour – II Circle, Chennai granting
the benefit for permanent status to them in the Thiruvanamalai Electricity
Distribution Circle of Tamil Nadu Electricity Board (hereinafter referred to as
'TNEB' for short and now renamed as 'TANGEDCO') under the provisions of
the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to
Workmen) Act, 1981 (hereinafter referred to as the 'Act' for short), seek
directions to the Respondents to implement the same in this Writ Petition.
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W.P. No. 5613 of 2018
3. At this juncture, it must be recalled that the Division Bench of this Court
in Superintending Engineer, Nagapattinam -vs- Inspector of Labour [(2009) 4
MLJ 472] has earlier considered the claims made by similarly placed persons
for absorption in TNEB and has ruled that the same would have to be
determined only on the basis of the Settlement dated 10.08.2007 entered by
TNEB with the Labour Unions under Section 12(3) of the Industrial Disputes
Act, 1947, which has been given effect in the Board Proceedings in (Per) B.P.
(FB) No. 44 dated 06.09.2007 and Per.B.P. (CHAIRMAN) No. 9 dated
09.01.2008 issued by the Administrative Branch of Tamil Nadu Generation and
Distribution Corporation Limited (hereinafter referred to as 'TANGEDCO' for
short). In a number of subsequent cases that have followed, this Court had
reiterated that legal position.
4. In that view of the matter, this Court without expressing any view on the
correctness or entitlement of the claim made by the Petitioners, requires the
concerned authority of TANGEDCO to examine the claim of the Petitioners for
absorption in service in terms of the Settlement dated 10.08.2007 entered by
TNEB with the Labour Unions under Section 12(3) of the Industrial Disputes
Act, 1947, which has been given effect in the Board Proceedings in (Per) B.P.
(FB) No. 44 dated 06.09.2007 and Per.B.P. (CHAIRMAN) No. 9 dated
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W.P. No. 5613 of 2018
09.01.2008 issued by the Administrative Branch of TANGEDCO, in the
following manner:-
(i) the Petitioners shall submit their application to the Superintending
Engineer, Thiruvannamalai Electricity Distribution Circle, TANGEDCO,
Tiruvannamalai along with a copy of the same to the Chief Engineer
(Personnel), Tamil Nadu Generation and Distribution Corporation
Limited, Eighth Floor, Eastern Wing, NPKRR Maligai, 144, Anna Salai,
Chennai – 600 002 supported by relevant documents to substantiate their
claim for absorption in service, on or before 31.07.2022;
(ii) if the concerned authority after the scrutiny of the applications is not
satisfied with the prescribed requirements or eligibility criteria for
extending that benefit to the Petitioners, the deficiencies in that regard
shall be informed in writing to them requiring the same to be furnished
within a time frame of not less than 15 clear working days that may be
granted for that purpose;
(iii) in the event of not being satisfied with the requirements even thereafter,
an enquiry shall be conducted affording full opportunity of personal
hearing to the Petitioners to explain their position in that regard and a
reasoned orders shall be passed dealing with each of the contentions
raised on merits and in accordance with law and the decision taken
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W.P. No. 5613 of 2018
communicated under written acknowledgment; and
(v) the report of compliance shall be filed by 30.09.2022 before the Registrar
(Judicial) of this Court.
In the result, the Writ Petition is disposed on the aforesaid terms.
Consequently, the connected Miscellaneous petitions are closed. No costs.
30.03.2022
gd
Index: Yes/No
Note: Issue order copy by 26.05.2022.
To
1. The Secretary to Government of Tamil Nadu,
Energy Department,
Fort St.George, Chennai-600 009.
2. The Secretary to Government of Tamil Nadu,
Labour and Employment Department,
Fort St.George, Chennai-600 009.
3. The Chief Engineer (Establishment),
Tamilnadu Generation and Distribution Corporation Ltd.,
No.144, Anna Salai, Chennai-600 002.
4. The Superintending Engineer,
Thiruvannamalai Electricity Distribution Circle,
Vengikkal, Tiruvannamalai-606 604.
5. The Inspector of Labour,
Office of the Inspector of Labour,
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W.P. No. 5613 of 2018
Thiruvannamalai.
Copy to
The Registrar (Judicial),
Madras High Court,
Chennai – 600 104.
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W.P. No. 5613 of 2018
P.D. AUDIKESAVALU, J.
gd
W.P. No. 5613 of 2018
30.03.2022
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