Greater Chennai Corporation v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.No.7482 of 2021 and W.M.P.No.8005 of 2021 Greater Chennai Corporation, All Departments Employees Union, Regd No.3476, rep.by its General Secretary S.Purushothamanan, G.69/2, 12th Street Anna Nagar East, Chennai - 600 040.
... Petitioner Vs.
1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
2. The Superintendent Engineer, Solid Waster Management, Ripon Building, Chennai - 600 003.
3. The Secretary to Government, Municipal Administration Water Supply Department, Fort St George, Chennai - 600 009.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, directing the respondents to regularize workers of the members of the petitioner Union, whose names are given in the Annexure to the writ petition working as Non-muster Roll Employee under various designations such as Sanitary Worker, Malaria Workers and the employees drawing wages under the National Urban Livelihood Mission and doing the sanitary work and Malaria Workers regularize their services from the date when they had completed 480 days of continuous service within a period of 24 months in
terms of Section 3 of the Tamil Nadu Establishment (Conferment or Permanent Status to Workmen) Act, 1981.
For Petitioner : N.Beulah John Selvaraj For Respondents : M/s.Karthikaa Ashok for R1 & R2 M/s.V.Kadhirvelu, Special Government Pleader for R3
O R D E R
The writ of mandamus is filed by the Petitioner / Union to regularize its members, those who have completed 480 days of continuous service, in terms of Section 3 of the Tamil Nadu Establishment (Conferment or Permanent Status to Workmen) Act, 1981. There is a separate Authority appointed under the above said Act to verify factual details as to whether the employees have put in 480 days of service or not and pass orders.
2. This Court cannot entertain a writ petition to decide the factual disputes. Therefore, the writ petition is not maintainable and accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. It is open to the writ petitioner to approach the concerned Authorities, if he choses to do so.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Pns To
1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.
2. The Superintendent Engineer, Solid Waster Management, Ripon Building, Chennai - 600 003.
3. The Secretary to Government, Municipal Administration Water Supply Department, Fort St George, Chennai - 600 009.
+1cc to M/s.Karthikaa Ashok, Advocate, S.R.No.18565. +1cc to M/s.Beulah John Selvaraj, Advocate, S.R.No.19009. W.P.No.7482 of 2021 KV(CO) CSR 28.04.2021