The Superintending Engineer v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD and WMP.No.32697 of 2003 The Superintending Engineer, Kancheepuram Electricity Distribution Circle, Tamil Nadu Electricity Board, Kancheepuram.
... Petitioner Vs.
1. The Government of Tamil Nadu Rep.by its Secretary to Government Energy Department, Chennai - 9
2. The Government of Tamil Nadu Rep.by its Secretary to Labour and Employment Department, Chennai - 9.
3. The Inspector of Labour, Tiruvallur.
4. P.Pandian
5. S.Jayapal
6. K.Srinivasan
7. N.Swaminathan
8. V.Bhaskaran
9. G.Saravanan
10. K.Kumaran
11. S.Sivakumar
12. K.M.Duraimurugan
13. C.Ragu
14. R.Manavalan
15. S.Bhaskaran
16. K.Dharmaraj
17. D.Ganesan
18. R.Rajendran
19. S.Balaji
20. R.Rajendiran
21. S.James
22. N.Munivel
23. B.Gopi
24. K.Dayagaran
25. N.Settu
26. V.Gopal
27. M.Gopikrishnan
28. G.Ravi Selvakumar
29. T.William Devid
30. T.Ranjith Kumar
31. M.Vijayakumar
32. S.Sureshbabu
33. K.Sekar ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Certiorari calling for the records of the 3rd respondent in proceedings Na.Ka.No.Pa.Mu.E/342/98 dated 20.08.2000 and to quash the same.
For Petitioners : Mr.S.Haroon for M/s.T.S.Gopalan & Co For Respondents : Mr.R.Neethi Perumal Govt.Advocate for R1 & R2 Mr.Balan Haridass for R8 to R14, 16 to 18, 20, 24 to 27 & 30 Mr.J.Milton Arul Rajendran for R28
O R D E R
This writ petition has been filed to call for the records of the 3rd respondent in proceedings Na.Ka.No.Pa.Mu.E/342/98 dated 20.08.2000 and to quash the same.
2. When the matter is taken up for hearing, the learned counsel for the petitioner submitted that there were totally 30 workmen out of which 21 workmen have already been absorbed by the Tamil Nadu Electricity Board, Kancheepuram and in regard to the remaining 9 workmen, the learned counsel for the petitioner is unable to get any instruction. He also filed a memo to that effect. The said memo is recorded by this Court and the relevant portion is extracted hereunder:- "1. The Writ Petition was filed challenging the order of the Inspector of Labour, Kanchipuram made in the proceedings vide petition No.Na.Ka.No.Pa.MU.E.342/98 dated 20.08.2000 directing the petitioner to confer permanent status as workers to respondents 4 to 33 in Tamil Nadu Electricity Board, Kanchipuram Electricity Distribution Circle, Kanchipuram. The respondents concerned, except for the 9 respondents (R7, R15, R17, R18, R20, R23, R28, R29 and R33) have been absorbed as per 12(3) Settlement dated 10.08.2007. The concerned 9 respondents' whereabouts are unknown.
2. This Hon'ble Court may record that the respondent have
been absorbed and they have also accepted the same. This Hon'ble Court may be pleased to take this memo on record and pass such or other orders which this Hon'ble Court may deem fit and proper in the interest of justice".
3. The learned counsel for the respondents also submitted that they are unable to get any instructions with regard to the remaining 9 workmen.
4. In view of the memo dated 28.03.2023 filed by the learned counsel for the petitioner, the writ petition stands closed with liberty to reopen the petition in regard to the remaining nine workmen if need arises. No costs. Consequently connected miscellaneous petition is also closed. 11.04.2023 dpq Index :
Yes/No Speaking Order :
Yes/No
To
1. The Government of Tamil Nadu Rep.by its Secretary to Government Energy Department, Chennai - 9
2. The Government of Tamil Nadu Rep.by its Secretary to Labour and Employment Department, Chennai - 9.
3. The Inspector of Labour, Tiruvallur.
J. SATHYA NARAYANA PRASAD, J.
dpq 11.04.2023