Madras High Court
The Superintending Engineer vs The Government Of Tamil Nadu on 19 June, 2023
W.P.No.24945 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2023
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.24945 of 2005
and W.P.M.P.No.27325 of 2005
The Superintending Engineer,
Dharmapuri Electricity Distribution Circle,
Tamil Nadu Electricity Board,
Dharmapuri – 636 705. ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Energy Department, Chennai – 9.
2.The Government of Tamil Nadu,
Rep. by its Secretary to Labour and
Employment Department, Chennai – 9.
3.The Inspector of Labour,
Krishnagiri.
4.A.Murugesan
5.P.Murugan
6.V.Sivan
7.G.Krishnan
8.S.Raghunathan
Page No.1 of 7
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W.P.No.24945 of 2005
9.T.Vediyappan
10.P.Prakash
11.R.Rajendiran
12.R.Vasudevan
13.A.Annadurai
14.R.Ravi
15.R.Chinnasamy
16.M.Madhiyan
17.S.Chandirasekar
18.G.Arivarasan
19.A.Shankar
20.K.Subramani
21.M.Sakkarai
22.C.Perumal
23.K.Chennaiyan
24.P.Duraisamy
25.R.Rajendiran
26.A.Kanagasivam
27.K.Chinnasamy
28.J.Sankarappa
29.C.Nanjundaiya
30.A.Risvan
31.M.Narasimmaiah
32.C.Kannaiyan
33.C.Lakshmanan
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W.P.No.24945 of 2005
34.M.Puttappa
35.T.Sakthivel
36.G.Munusamy
37.D.Manivelan
38.S.Sekar
39.C.Arumugam
40.P.Sekar
41.A.Alagarasan … Respondents
(Respondents 4 to 41 rep. by Thiru.S.Gokuldass, System Secretary, Tamil
Nadu Minvariaya Uzalipalargal Sangam, Registered No.1200/TRY.62-J,
Arumuga Achari Street, Dharmapuri – 636 701.)
Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of Writ of Certiorari calling for the records of the third
respondent relating to his proceedings made in Petition No.A/1358/2005,
dated 25.04.2005 and quash the same.
For Petitioners : Mr.Haroon
for M/s.T.S.Gopalan & Co.,
For Respondents 1 to 3 : Mr.S.Ravikumar,
Special Government Pleader
ORDER
The petitioner has filed this writ petition seeking to call for the records
of the third respondent relating to his proceedings made in Petition
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W.P.No.24945 of 2005
No.A/1358/2005, dated 25.04.2005 and quash the same.
2. When the matter was taken up for hearing, learned counsel for the
petitioner filed a memo dated 17.06.2023 stating that out of 38 workmen, 20
workmen have satisfied the eligibility criteria prescribed under Section 12(3)
settlement and they were absorbed between 2005 and 2020. In regard to
remaining 18 workmen, the petitioner is unable to ascertain whether they
were eligible to be absorbed. It is pertinent to extract the relevant portions of
the said memo dated 17.06.2023 and same reads as follows:
“1.The above writ petition has been filed challenging the
order of 3rd respondent granting permanency in respect of
respondents 4 to 41. By order dated 28.04.1998, the Division
Bench of this Hon'ble Court upheld the Section 12(3) settlement
dated 10.08.2007 signed between the Board and the Union
whereby conditions were stipulated for absorption of contract
workmen. The Division Bench also held in the said Judgement
that any absorption of contract workmen in the service of the
Board would be subject to the Section 12(3) settlement. In the
present writ petition respondents 4, 5, 6, 7, 9, 10, 11, 12, 15, 20,
21, 22, 24, 25, 27, 36, 38, 39, 40 and 41 satisfied the eligibility
criteria prescribed under the Section 12(3) settlment and they
were absorbed between 2005 and 2020. As far as the other
respondents are concerned the petitioner is unable to ascertain
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W.P.No.24945 of 2005
whether the said respondents were found to be eligible and
whether absorbed. However, in the light of the recent Division
Bench Judgment the 3rd respondent has no power to adjudicate
any question in respect of contract workmen as such the order
challenged in the present writ petition deserves to be set aside.
2. In the aforesaid circumstances in so far as the
respondents whose identity is not known to the petitioner, this
Hon'ble Court may close the writ petition and also taking note
of the fact that other respondents have been absorbed, with
liberty to the petitioner to revive the writ petition in respect of
the contesting respondents whose present status are unknown
and if thy were to stake any claim in terms of the impugned
order in the writ petitioner.”
3. The aforesaid memo dated 17.06.2023 filed by the petitioner has
been taken on record by this Court.
4. Recording the memo dated 17.06.2023 filed by the petitioner, this
writ petition stands disposed of with a liberty to the petitioner to revive the
writ petition in respect of the contesting respondents, whose present status
are unknown and if they were to stake any claim in terms of the impugned
order in the writ petition.
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W.P.No.24945 of 2005
5. Accordingly, this writ petition stands disposed of with the aforesaid
liberty. No costs. Consequently, connected miscellaneous petition is closed.
19.06.2023
vm
Index : Yes/No
Speaking Order : Yes/No
J.SATHYA NARAYANA PRASAD,J.
vm
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,
Krishnagiri.
W.P.No.24945 of 2005
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W.P.No.24945 of 2005
19.06.2023
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