Madras High Court
M.Amulraj vs The Managing Director on 2 August, 2024
W.P.(MD).No.18511 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.08.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD).No.18511 of 2024
and
W.M.P.(MD)No.15726 of 2024
M.Amulraj ...Petitioner
Vs
1.The Managing Director,
Tamil Nadu State Transport Corporation Madurai Limited,
Byepass Road, Madurai – 625 010.
2.The General Manager,
Tamil Nadu State Transport Corporation Madurai Limited,
Byepass Road, Madurai – 625 010. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records in connection with the impugned order in “Ref
j.m.ngh.f./kJ/epU/m4/2117/2005-54 dated 01.09.2005” which is
issued by the second respondent and to quash the same and consequently
directing the respondents to confirm the petitioner's service with effect
from the date 14.03.2003 on the completion of 240 days of his actual
with all service, statutory and monetary benefits.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.18511 of 2024
For Petitioner : Mr.S.Sivasudhan
For Respondents : Mr.Gladson Michael Rajadurai
Standing Counsel
ORDER
Heard Mr.S.Sivasudhan, learned counsel for the petitioner and
Mr.Gladson Michael Rajadurai, learned Standing Counsel for the
respondents.
2. This Writ Petition has been filed seeking to quash the order of
the second respondent dated 01.09.2005 and consequently direct the
respondents to confirm the petitioner's service with effect from the date
14.03.2003 on completion of 240 days of his actual with all service,
statutory and monetary benefits.
3. Mr.S.Sivasudhan, learned counsel for the petitioner submitted
that the petitioner was appointed as Driver in TNSTC, Thirumangalam
branch, Madurai from 25.05.2002 and he has completed 240 days of his
actual service on 14.03.2003. However, the second respondent vide
impugned order dated confirmed the petitioner's service only with effect
from 01.09.2005. Challenging the same, this writ petition is filed.
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4. As per Section 12(3) of Industrial Disputes Act, 1947, dated
25.09.1986, it is agreed between the Management and the Workers that
the regularization can be made on completion of 240 days of continuous
service in a year.
5. Similar issue has already been dealt by this Court in a writ
petition in W.P(MD) No.9829 of 2024, wherein, this Court has passed
the order by following the earlier orders passed in W.P.(MD) No.2652 of
2008 etc., Batch. For the sake of clarity, the operative portion of the
above order is extracted hereunder:
“35. After referring to various Judgments on this
point, this Court in W.A.Nos.2871 and 2872 of 2018, dated
30.09.2019 (The Managing Director, Tamil Nadu State
Transport Corporation Limited, Coimbatore Division,
Erode Region, Chennimalai Road, Erode) concluded that
statutory right of the respondents under Section 3(1) of the
Act, 1981, prevails over any settlement.
36. Therefore, in the considered view of this Court,
it is not necessary that a settlement should be declared as
invalid for getting the statutory benefit under Section 3(1)
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of the Act, 1981. This Court respectfully differs from the
views expressed in W.P(MD)No.3086 of 2011, dated
14.10.2011 (P.Raja and others Vs. The Management, Tamil
Nadu State Transport Corporation Limited, Madurai and
others) that the workmen are bound by the terms of the
settlement and they cannot file Writ Petition. When the
terms of the settlement is not enforced and permanent
status is not conferred under Section 3(1) of the Act, 1981,
the affected workman can always approach the Court for
appropriate remedy. It is seen from the typedset of papers
filed by the petitioners that the daily wage drivers, who
joined service after the petitioners 2 to 16 in the year 2007
were given permanency immediately after the completion
of 240 days of continuous service in a year by proceedings
in Paarvai Nirvagam/A4/1865/06, dated 13.04.2009.
When juniors of the petitioners are made permanent,
immediately on the completion of 240 days of continuous
service in a year, it is unfortunate that the petitioners' case
was not considered favourably.
37. The other two Judgments relied on by the
learned counsel appearing for the respondents 1 and 2
viz., (2004) 3 CTC 1 (P.Pitchumani and others Vs. The
Management of Sri Chakra Tyres Limited and others) and
2020-IV-LLJ-20 (Royal Enfield Employees Union,
Represented by General Secretary, Chennai Vs.
Government of Tamil Nadu, Represented by Secretary
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Labour and Employment Department, Chennai and others)
for the proposition that the petitioners have to approach
only the Labour Court and cannot straightaway invoke the
jurisdiction of this Court under Article 226 of the
Constitution of India, may have some force in it. However,
the petitioners 2 to 16 have been pursuing their remedy
before the third respondent and before this Court from the
year 2008. It is clearly established that the petitioners 2 to
16 have legal right for permanent status on completion of
240 days of satisfactory service as per the settlement
entered in the year 1986, 1989 and 1992 and as per
Section 3(1) of the Act. Therefore, at this distant point of
time, this Court does not want to drive the petitioners 2 to
16 back to square one and direct them to raise an
Industrial Dispute before an appropriate forum. In view of
clear and well-founded statutory right available to the
petitioner, the infringement of right by the respondents 1
and 2 Corporation cannot be allowed to sustain.”
6. The Ratio Decidendi of the above case is squarely applicable to
the present and hence, the impugned order is liable to be set aside and
the petitioner deserves to be given with the same relief.
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7. In view of the above reasons, this writ petition stands allowed
and the impugned order in Ref j.m.ngh.f./kJ/epU/m4/2117/2005-54
dated 01.09.2005 is hereby set aside. The respondents are directed to
confirm the petitioner's service with effect from date of completion of
240 days of his actual service with all service and statutory benefits.
With regard to the claim of monetary benefits, considering the financial
implications that may be caused to the Transport Corporation, the
monetary benefits is permitted to accrue only from the date of passing of
this order. No costs. Consequently, connected miscellaneous petition is
closed.
02.08.2024
NCC:yes/no
Index:yes/no
Internet:yes/no
Nsr
https://www.mhc.tn.gov.in/judis
To:
1.The Managing Director,
Tamil Nadu State Transport Corporation Madurai Limited,
Byepass Road, Madurai – 625 010.
2.The General Manager,
Tamil Nadu State Transport Corporation Madurai Limited,
Byepass Road, Madurai – 625 010.
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
Nsr
02.08.2024
https://www.mhc.tn.gov.in/judis
