Madras High Court
K.Balraj vs Thiru.Kirlosh Kumar on 12 October, 2022
Cont.P. Nos. 2022 and 2023 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2022
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR
Contempt Petition Nos.2022 and 2023 of 2022
Contempt Petition No.2022 of 2022
K.Balraj ..Petitioner
Vs
1. Thiru.Kirlosh Kumar, IAS,
Principal Secretary to Government,
Labour and Employment (E2) Department,
Secretariat, Chennai 9.
2. Thiru.Adul Anand, IAS,
Commissioner of Labour,
Teynampet, Chennai 6.
3. Tmt.Leelavathy,
Deputy Commissioner of Labour (Conciliation-I),
at Present Joint Commissioner of Labour,
Dr.Balasundaram Road,
RTO Compound,
Coimbatore 18. ..Respondents
PRAYER : Petition filed under section 11 of the Contempt of Courts Act, to
punish the respondents for their willful disobeying the order of this Court
dated 29.07.2021 in WP.No.15655 of 2021.
1/6
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Cont.P. Nos. 2022 and 2023 of 2022
Contempt Petition No.2023 of 2022
S.Sebastian ..Petitioner
Vs
1. Thiru.Kirlosh Kumar, IAS,
Principal Secretary to Government,
Labour and Employment (E2) Department,
Secretariat, Chennai 9.
2. Thiru.Adul Anand, IAS,
Commissioner of Labour,
Teynampet, Chennai 6.
3. Mr.Sathish Kumar,
Assistant Commissioner of Labour (Enforement),
Coonoor,
Nilgiris District, 643 101. ..Respondents
PRAYER : Petition filed under section 11 of the Contempt of Courts Act, to
punish the respondents for their willful disobeying the order of this Court
dated 29.07.2021 in WP.No.15659 of 2021.
For Petitioner : Mr.K.Arumugam
(in both the petitions)
For Respondents : Mr.G.Nanmaran,
(in both the petitions) Special Government Pleader
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Cont.P. Nos. 2022 and 2023 of 2022
COMMON ORDER
These Contempt Petitions are filed alleging willful disobedience of the
order of this Court, dated 29.07.2021 in WP.Nos.15655 and 15659 of 2021.
2. The petitioners herein earlier filed the above Writ Petitions seeking
for issuance of a direction to the respondents to consider their claim with
regard to regularization of their services on par with their juniors for the
purpose of pension based on the order of this Court in WA.No.1292 of
2017, dated 05.12.2017 (Govinthasamy vs. Secretary, Agriculture
Department and others) and pass orders on the same granting pension to
the petitioners at the time of retirement.
3. The said Writ Petitions were disposed of by a common order dated
29.07.2021 in the following lines:
"6. Though the petitioners have prayed for a larger
relief, this court, in the light of the facts and circumstances of
the case and without going into the merits of the claim made
by the petitioners either in their representations or in the writ
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Cont.P. Nos. 2022 and 2023 of 2022
petitions, directs the respondents to consider and dispose of
the petitioners' representations dated 18.12.2021 and
17.12.2021 respectively, in the light of the judgment passed in
WA.No.1292 of 2017, dated 05.12.2017 and on merits and in
accordance with law and pass appropriate orders within a
period of twelve weeks from the date of receipt of a copy of
this order and communicate the decision taken, to the
petitioner herein."
4. The petitioners have filed these Contempt Petitions stating that
while considering the representations of the petitioners as per the order of
this Court dated 29.07.2021, the respondents have not taken into account
the order passed by this Court in WA.No.1292 of 2017, dated 05.12.2017.
5. However, in the order dated 15.12.2021, which is under contempt,
it has been observed that the judgment in W.A.No.1292/2017, dated
05.12.2017 cannot be applied in the case of the petitioners. It is further
observed that the regularization of two other individuals were made against
regular vacancies only, as per the direction of the Supreme Court in the case
of Secretary, State of Karnataka and others vs. Umadevi and others
reported in (2006) 4 SCC 1.
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Cont.P. Nos. 2022 and 2023 of 2022
6. Since the respondents have passed the order dated 15.12.2021
rejecting the representations of the petitioners only after considering the
judgment passed in WA.No.1292 of 2017 dated 05.12.2017, this Court is
unable to find any willful disobedience of the order of this Court. In such
circumstances, the order passed by the respondent either in favour or against
the petitioners cannot be interfered if it is in accordance with law. Hence,
this Court finds no merit in these contempt petitions. Accordingly, these
Contempt Petitions are dismissed. However, it is open to the petitioners to
challenge the order dated 15.12.2021 passed by the Secretary to
Government by filing a petition under Article 226 of the Constitution of
India.
12.10.2022
pvs
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Cont.P. Nos. 2022 and 2023 of 2022
S.S.SUNDAR.J.,
pvs
Cont.P. Nos. 2022 and 2023 of 2022
12.10.2022
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