The Superintending Engineer v. Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.10005 of 2018 The Superintending Engineer, Tirupattur Electricity Distribution Circle, TANGED Co., Tirupattur, Vellore District.

... Petitioner Vs.

1.The Presiding Officer, Additional Labour Court, Vellore.

2.J.Perumal 3.K.Chinnapaiyan 4.M.Kasi 5.P.Siva 6.V.Damodaran 7.K.Venkatasen 8.S.Govindasamy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the orders passed by the first respondent made in C.P.Nos.697/2003, Page No.1 of 5

698/2003, 699/2003, 700/2003, 701/2003, 703/2003, 704/2003 dated 28.04.2010, quash the same.

For Petitioner : Mr.Anand Gopalan for M/s.AGAM Legal Advocates For Respondents : Labour Court [R1] No appearance [R2 & R3] Mr.S.N.Ravichandran [R4] Died [R5] *****

ORDER

Aggrieved by the order dated 28.04.2010 passed by the 1st respondent in C.P.Nos.697/2003, 698/2003, 699/2003, 700/2003, 701/2003, 703/2003, 704/2003, the present writ petition has been filed by the petitioner.

2. The case of the petitioner is that the respondents 2 to 8 have filed computation petitions stating they have been doing the works as that of a permanent employee of the petitioner-Board and that inspite of the award passed by the Inspector of Labour, they were not granted permanency in service and thereby, they are entitled to compute money value of the salary based on the award. Without appreciating the facts Page No.2 of 5

and law involved in the case, the 1st respondent allowed the computation petitions vide impugned orders dated 28.04.2010. Challenging the same, the present writ petition has been filed.

3. When the matter is taken up for hearing today, learned counsel appearing for the petitioner submitted that the impugned orders are merged with the judgment passed by Division Bench of this Court in W.A.No.1302 of 2003, etc., batch of cases and except the 4th respondent/M.Kasi, all the other workmen were regularized and they got the benefits as ordered by the Division Bench of this Court.

4. Learned counsel for the 4th respondent did not dispute the above facts.

5. In view of the above, this Writ Petition is allowed in respect of 4th respondent and the impugned order dated 28.04.2010 passed by the 1st respondent in C.P.No.699 of 2003 is set aside. However, in respect of the other workmen, since they have already received the benefits from the petitioner-Board, nothing survives for adjudication. Accordingly, this Page No.3 of 5

Writ petition is closed in respect of respondents 2, 3, 5 to 8. No costs. Consequently, the connected writ miscellaneous petition is closed. 27.03.2025 Index : Yes / No (1⁄2) Speaking order / Non-speaking order sp To 1.The Presiding Officer, Additional Labour Court, Vellore.

2.The Superintending Engineer, Tirupattur Electricity Distribution Circle, TANGED Co., Tirupattur, Vellore District.

Page No.4 of 5

M.DHANDAPANI, J.

sp 27.03.2025 (1⁄2) Page No.5 of 5