Madras High Court
C.Vijayabalan vs The Commissioner on 7 August, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.A.No.3403 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On : 15.07.2024
Pronounced On : 07.08.2024
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MR. JUSTICE P. DHANABAL
W.A.No.3403 of 2023
C.Vijayabalan ... Appellant
/Respondent No.2
Versus
1.The Commissioner
Tiruvannamalai Municipality
Tiruvannamalai ..1st respondent/petitioner
2.The Presiding Officer
The Principal Labour Court
Vellore ...2nd respondents/1st respondent.
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the
order passed in W.P.No.7922 of 2016 dated 20.07.2023.
For Appellant : M/s. Balan Haridas
For Respondent : Mr.P.Srinivas for R1
JUDGMENT
https://www.mhc.tn.gov.in/judis
Per J.NISHA BANU, J.
This writ appeal is filed as against the order passed by the learned Single
Judge dated 20.07.2023 passed in W.P.No.7922 of 2016, wherein, it was
observed that the petitioner Municipality appointed the employee/second
respondent (appellant herein) in the regular vacancy and placed him in time
scale of pay; having regard to the subsequent employment, the award passed in
I.D.No.72 of 2014 dated 18.11.2014 passed by the Presiding Officer, Vellore,
u/s.2A(2) of the I.D.Act was set aside.
2. The main issue raised by the appellant-employee herein is that the
relief of regularization granted by the Labour Court ought not to have been
interfered with by the learned Single Judge.
3. The learned counsel for the appellant would submit that the Labour
court after considering Ex.P.1 to P.9, which are receipts for remitting the
amount collected by him came to conclusion that the appellant was working
prior to 01.10.1996 and after considering the evidence of M.W.1, the Labour
court found that 30 employees employed along with the appellant were
regularized. Since the appellant satisfies educational qualification and other
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eligibility condition and when the co-employees were regularized, he would
also have got to be regularized.
4. The learned counsel for the appellant further brought to the attention of
this court the findings of the Labour court that non-inclusion of the name of the
appellant is the fault of the Management and the Management has not included
his name since he was litigating. The learned counsel also submitted that the
learned Judge erred in holding that the Labour Court has no power to extend the
benefit of G.O.Ms.No.125, dated 27.05.1999. The learned counsel in support of
his submissions relied on the following decisions:-
1. 1950 SCC 470 [Bharat Bank Ltd., Vs. Employees]
2. 2009 SCC Online Mad 455 [K.Ramaswamy Vs. Warwick Estate and
others]
3. 2014 SCC Online Mad 6797 [Amanullah Vs. Chennai Port Trust and
another]
4. 2014 (7) SCC 190 [Hari Nandan Prasad and another Vs. Food
Corporation of India]
5. Order in W.P.No.1561 of 2020 dated 6.12.2021 [Puthiya Jananayaka
Thozhilalar Munani Vs. Power Soap and Abirami Soap works]
6. 1998 (2) L.W.534 [N.Mamundiraj Vs.BHEL]
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7. 2023 SCC Online SC 771 [Om Prakash Banerjee Vs. State of West
Bengal and others]
5. Per contra, Mr.P.Srinivas, learned counsel appearing for the 1st
respondent-Municipality would submit that the claim for regularization and
permanent status has rightly been rejected by the learned Single Judge since the
appellant has not been appointed in a permanent vacancy.
6. Heard both sides and perused the records carefully.
7. In the present case, the Labour court allowed the appellant's I.D and
passed the award with a direction to the Municipality that the
appellant/employee be made permanent from the day on which the other
workers employed with him were made permanent as per G.O.No.125 dated
27.05.1999 and be provided with time scale of pay with back wages and also all
the benefits be given to the employee. The Labour court pointed out that when
the other employees were taken into service in the year 1999 as others under
G.O.dated 27.05.1999, the petitioner could have also represented; since he was
continuing the case before the High Court; the nature of government orders
could not have been known to the workers; However, the omission of the
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employee from being recommended to be made permanent under G.O.No.125
dated 27.05.1999 and provide scale of pay is a mistake; but as like other
workers were made permanent on that day and given time scale of pay along
with back wages and these benefits ought to have been given to the petitioner
too and therefore it is proper that the petitioner is also made permanent as per
the orders in the G.O.dated 27.5.1999 and fix scale of pay from that day and
paid back wages and other benefits is proper.
8. Pursuant to the above award in I.D., and order passed in Computation
Petition No.6 of 2015, the appellant was appointed in the regular vacancy and
he was placed in the time scale of pay. Therefore, when the appellant was
appointed in the time scale of pay by the Municipality, in the same manner and
position as that of similarly placed employees, the appellant has to be given
regularization along with back wages and made permanent. In our considered
opinion, the benefit of the regularization given in G.O.Ms.No.125 dated
27.05.1999 cannot be ignored for the appellant alone when the same has been
extended to similarly placed employees.
9. Therefore, we do not agree with the view taken in the impugned order
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of the learned Single Judge. The appellant is entitled to receive back wages and
benefits from 1991. Accordingly, the writ appeal is allowed. The impugned
order dated 20.07.2023 is set aside. The award of the Labour court is restored in
respect of backwages and regularization. No costs.
(J.N.B, J.) (P.D.B, J.)
07 .08.2024
Index : Yes /No
Speaking order : Yes /No
Neutral Citation Case : Yes /No
nvsri
To
1.The Commissioner
Tiruvannamalai Municipality
Tiruvannamalai
2.The Presiding Officer
The Principal Labour Court
Vellore
https://www.mhc.tn.gov.in/judis
J. NISHA BANU, J.
and
P.DHANABAL,J.
nvsri
Judgment in
07.08.2024
https://www.mhc.tn.gov.in/judis
