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Madras High CourtWP/8033/2018closed

The Superintending Engineer, v. Presiding Officer,

2025-03-27Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.10006 of 2018 The Superintending Engineer, Tirupattur Electricity Distribution Circle, T.N.E.B., Tirupattur - 653 601.

... Petitioner Vs.

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

2.M.S.Nandan 3.C.Ramamurthy 4.J.Jayakanthan 5.S.Sivakumar 6.C.Panchatcharam 7.C.Shanmugam 8.M.Murugan 9.C.Vijayan 10.O.K.Sakthivel 11.T.Murali 12.V.Venkatesan 13.T.N.Perumal 14.L.Paranthaman 15.N.Elangovan 16.R.Kannan Page No.1 of 5

17.K.Palani 18.B.Munusamy 19.D.Jayakumar 20.K.Mayavedi 21.D.Murugesan 22.M.Sathikumar 23.G.Ranganathan 24.V.Ilayaraja 25.R.Ramesh 26.M.Selvaraj ... 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.No.82/2004, C.P.Nos.239 to 255 of 2004 and C.P.Nos.424 to 430 of 2004 dated 20.04.2010, quash the same.

For Petitioner : Mr.Anand Gopalan for M/s.AGAM Legal Advocates For Respondents : Labour Court [R1] No appearance [R3 to R16, R18, R19, R21 to R26] Not Ready Notice [R2, R17 & R20] Mr.J.Muthukumaran [R12] *****

ORDER

Aggrieved by the order dated 28.04.2010 passed by the 1st respondent in C.P.No.82 of 2004, C.P.Nos.239 to 255 of 2004 and C.P.Nos.424 to 430 of 2004, the present writ petition has been filed by the petitioner.

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2. The case of the petitioner is that the respondents 2 to 26 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 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 21st respondent/D.Murugesan, all the other workmen were regularized and they got the benefits as ordered by the Division Bench of this Court.

4. In view of the above submission made by learned counsel for the petitioner, this Writ Petition is allowed in respect of 21st respondent Page No.3 of 5

and the impugned order dated 28.04.2010 passed by the 1st respondent in C.P.No.425 of 2004 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 Writ petition is closed in respect of respondents 1 to 20 and 22 to 26. No costs. Consequently, the connected writ miscellaneous petition is closed. 27.03.2025 Index : Yes / No (2/2) Speaking order / Non-speaking order sp To 1.The Presiding Officer, Additional Labour Court, Vellore.

2.The Superintending Engineer, Tirupattur Electricity Distribution Circle, T.N.E.B., Tirupattur - 653 601.

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M.DHANDAPANI, J.

sp 27.03.2025 (2/2) Page No.5 of 5