Madras High Court
The General Manager vs District Collector on 26 June, 2023
W.P.No.33528 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.06.2023
CORAM:
THE HONOURABLE JUSTICE Mr.V.LAKSHMINARAYANAN
W.P.No.33528 of 2014
and
M.P.No.1 of 2014
The General Manager,
Tamil Nadu Transport Corporation (Villupuram) Division -II Ltd.,
Regional Head Office,
Rangapuram Post,
Vellore District ...Petitioner.
Vs.
1.District Collector,
Kancheepuram District.
2.Revenue Divisional Officer,
Thirukalukundram Taluk,
Kancheepuram District. ...Respondents.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
to issue writ of certiorari to call for the records of the order passed by the 2 nd
respondent in C.P.No.289/2013 dated 06.08.2014.
For Petitioner : M/s.S.Pavithra
For Respondents :
For R1 :Mr.S.Apunu
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.33528 of 2014
For R2 :Court
For R3 & R4 : No Appearance
ORDER
The petitioner challenges the order in C.P.No.289/2013 dated
06.08.2014. The private respondent filed an application for regularization of
service before the appropriate authority under The Tamil Nadu Industrial
Establishments (Conferment Of Permanent Status To Workmen) Act, 1981.
2. The said application was taken on file and by an order dated
16.05.2005. By that order, the corporation was directed to make the
petitioner's services permanent from 30.01.1996. Challenging the said order,
W.P.No.12702 of 2006 was filed before this Court. This Court was pleased to
dismiss the writ petition on 27.02.2013. As the benefits of the order passed
by the authority were not given, an application was filed in C.P.No.289/2013.
3. It is argued by Mr.Aswin, the learned counsel for the writ petitioner
that an appeal has been preferred with condonation of delay and the same is
pending and therefore, the computation petition is not maintainable.
4. Per-contra, Mr.S.Apunu, learned counsel for R1 states that there is
no stay and the appeal is still in the stage of condonation of delay &
therefore, the respondent is entitled to.
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W.P.No.33528 of 2014
5. I have carefully considered the arguments of either side. It is
pertinent to point out that the order in W.P.No.12702 of 2006, which had
confirmed the order of the competent authority that the petitioner is entitled
to the benefits of The Tamil Nadu Industrial Establishments (Conferment Of
Permanent Status To Workmen) Act, 1981 has become final. Pendency of
condonation of delay application does not put the judgment in jeopardy.
5.Consequently, the workman is entitled to all the benefits pursuant to
the order in Na.Ka.No.E 6919/04 dated 16.05.2005. The Labour Court at
Vellore has correctly appreciated the position of Law and has come to the
conclusion. There is no illegality or irregularity in the order. Hence, the same
is confirmed.
6. This writ petition stands dismissed. No costs. Connected
Miscellaneous Petition is closed.
26.06.2023
nst
Index : Yes/No
Neutral Citation Case : Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.33528 of 2014
V.LAKSHMINARAYANAN,J
nst
To:
1.District Collector,
Kancheepuram District.
2.Revenue Divisional Officer,
Thirukalukundram Taluk,
Kancheepuram District.
W.P.No.33528 of 2014
26.06.2023
https://www.mhc.tn.gov.in/judis
W.P.No.33528 of 2014
https://www.mhc.tn.gov.in/judis
