Citation : 2025 Latest Caselaw 7021 Mad
Judgement Date : 15 September, 2025
W.P.(MD)No.12209 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.09.2025
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.12209 of 2022
and
W.M.P.(MD)No.8681 of 2022
Eniyavan : Petitioner
Vs.
1.Tamil Nadu Generation of Electricity
and Distribution Corporation,
By its Chairman,
Annasalai, Chennai.
2.The Superintending Engineer,
Trichy Electricity Distribution Circle,
Metro, Tiruchirappalli.
3.The Executive Engineer (O & M),
Tamil Nadu Electricity Board,
Musiri Division,
Tiruchirappalli District. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, issue a of a Writ of Certiorarified Mandamus, calling for the
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W.P.(MD)No.12209 of 2022
2nd respondent order of the Lr.No.119718/4452/Admn.IV/A.
2/F.C.L/2019-6, dated 03.02.2021 and quash the same as illegal and
directing him to appoint the petitioner as permanent mazdoor in the
respondent corporation.
For Petitioner : Mr.S.Muthukrishnan
For Respondents : Mr.Anand Gopalan
for M/s.T.S.Gopalan & Co.
ORDER
This Writ Petition has been filed challenging the impugned
order dated 03.02.2021 passed by the second respondent, rejecting
the petitioner's request to be appointed as permanent Mazdoor in
the respondent Corporation. The second respondent has rejected the
petitioner's request on the ground that he has not furnished any
documents to show that he has been engaged by the respondent
corporation from 31.03.1995 till 05.01.2008. The second respondent
has also rejected the petitioner's request on the ground that the
committee constituted by the respondent board for identification of
the contract labourers on 08.08.1998 also has not identified the
petitioner for being appointed as a permanent Mazdoor.
2.Learned Standing Counsel appearing for the respondent
Corporation has also placed on record a Division Bench judgment of
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this Court dated 08.03.2024, in the case of S.Mohan, P.Murugesan
and N.Raja Vs. The Chairman vum Managing Director, Tamil
Nadu Electricity Board in W.P.Nos.5245, 5250 & 5251 of 2020
and would submit that in identical circumstances, the case of the
said petitioners were not considered by this Court and they were
directed to approach the competent labour Court or such other
forum as may be permissible in law to agitate their grievances.
3.Admittedly, the petitioner has not furnished documents to
show that he has been engaged with the respondent as contract
labourer from 31.03.1995 till 05.01.2008. Admittedly, he has also not
been identified by the committee constituted by the respondent
board for identification of contract labourers on 08.08.1998. Since
the petitioner in the instant case is similarly placed to the petitioners
in the Writ Petitions referred to supra, wherein the Division Bench of
this Court had directed the said petitioners to approach the
competent labour Court or such other forum as may be permissible
in law to agitate their grievances, this Court is of the considered
view that due to the very same reason, the relief sought for in this
Writ Petition by this Court cannot be granted and the petitioner will
have to be directed to approach the competent labour Court or such
other forum as permissible under law to agitate their grievances.
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4.Accordingly, this Writ Petition is disposed of, by granting
liberty to the petitioner to approach the competent labour Court or
such other forum as may be permissible in law to agitate his
grievance, if he so desire. There shall be no order as to costs.
Consequently, the connected miscellaneous petition is closed.
15.09.2025
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
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To
1.The Chairman, Tamil Nadu Generation of Electricity and Distribution Corporation, Annasalai, Chennai.
2.The Superintending Engineer, Trichy Electricity Distribution Circle, Metro, Tiruchirappalli.
3.The Executive Engineer (O & M), Tamil Nadu Electricity Board, Musiri Division, Tiruchirappalli District.
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ABDUL QUDDHOSE., J.
MR
15.09.2025
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