The Superintending Engineer v. The Government Of Tamilnadu
2024:MHC:3919
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.MP.No.26458 of 2004 The Superintending Engineer, Nagapattinam Electricity Distribution Circle, Tamil Nadu Electricity Board Nagapattinam.
... Petitioner Vs.
1. The Government of Tamilnadu, Rep. by its Secretary to Government, Energy Department, Chennai 600 009.
2. The Government of Tamilnadu, Rep. by its Secretary to Labour and Employment Department, Chennai 600 009.
3. The Inspector of Labour, Thiruvarur.
4. K.Nagarajan 5.A.Santhosh 1/6
6.T.Athamanabhan 7.N.Prabaharan 8.S.Murugaraj 9.R.Arumugam 10.M.Ramanathan 11.R.Buvaneswaran 12.R.Balakrishnan 13.S.Selvaraj 14.K.Venkatesan 15.E.Harikrishnan 16.E.Devakumar 17.K.Ramesh 18.T.Ramachandran 19.S.Karthikeyan 20.V.Gandhinayagan 21.M.Madavan 22.C.Sivaraj 23.R.Saravanan 24.G.Kumar 25.C.Sathyaprakash 26.S.Rajagopal 27.T.Subramanian 28.G.Thangappan 29.G.Shanmugam 30.C.Parthiban 31.K.Meganathan 32.R.Karthikeyan 33.L.Pandiyan 34.V.Arumugam 35.V.Bharanidharan 36.A.S.Anbuselvan 37.R.Velayutham 38.R.Lakshmanan 39.S.Selvam 40.A.Amaldoss 41.V.Senthilkumar 2/6
42.N.Raj Mohan 43.K.Balamurugan
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the third respondent relation to his award dated 23.08.2001 and made in Na.Ka.No.3586/2000 and quash the same as illegal and without jurisdiction. For Petitioner : Mr.Anand Gopalan for M/s.T.S.Gopalan and Co For Respondents : Mr.K.Surendran for R1 to R3 Additional Government Pleader
ORDER
This Writ Petition is filed, challenging the award passed by the Inspector of Labour under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, dated 23.08.2001 in Na.Ka.No.3586/2000. Totalling 40 workmen are involved in this case and they are arrayed as R4 to R43.
2. When the matter came up for hearing, Mr.Anand Gopalan, the 3/6
learned counsel appearing on behalf of the petitioner would submit that subsequent to the filing of the Writ Petition there was a 12(3) settlement. Pursuant to which the workmen who were found eligible, were already absorbed in the petitioner Management and they are all working. In the present case except respondents 8, 17, 25 & 26 all the other employees have been absorbed and working. As far as the aforementioned respondents are concerned, they are found ineligible. As per the 12 (3) settlement, they are not absorbed. As a matter of fact, the Division Bench of this Court in W.A.No.1302 of 2003 and batch., has held that the rights of the Workmen will be governed by the 12(3) settlement.
3. In view thereof, the said workmen, who are not eligible as per the 12 (3) settlement cannot be employed and as far as the rest of the workmen are concerned, they are already employed and therefore, nothing further survives in this matter to be adjudicated in the present Writ Petition.
4. Recording the above, this Writ Petition stands disposed of. No 4/6
costs. Consequently, connected Miscellaneous Petition is closed. 19.11.2024 dna To
1. The Secretary to Government, Energy Department, Chennai 600 009.
2. The Secretary to Labour and Employment Department, Chennai 600 009.
3. The Inspector of Labour, Thiruvarur.
5/6
D.BHARATHA CHAKRAVARTHY, J.
dna and W.MP.No.26458 of 2004 19.11.2024 6/6