S.Sivaprakasam v. The Inspector Of Labour

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD S. Sivaprakasam ... Petitioner

Versus

The Inspector of Labour Office of the Inspector of Labour Gandhi Nagar, Tiruvannamalai.

... Respondent PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the respondent to dispose of the representation dated 24.09.2008 as far as petitioner is concerned. For Petitioner : Mr.S.Ilamvaludhi For Respondent : Mr.S. Ravikumar Special Government Pleader

O R D E R

The petitioner has filed this petition seeking direction to the respondent to pass orders on the representation made by the petitioner dated 24.09.2008.

2. The case of the petitioner is that the petitioner viz., S.Sivaprakasam joined in service as worker in the Office of the Vandavasi

Rural Electric Co-operative Society Limited. Later, he has been absorbed in the Tamil Nadu Electricity Board and was continuing as such. Thereafter, the writ petitioner and others filed writ petition to regularise their services and prayed not to terminate their services and injunction was also granted by this Court but the W.P.No.21163 of 2002 is pending. The petitioner gave a representation and filed a case before the Inspector of Labour, Tiruvannamalai and the Inspector of Labour, Tiruvannamalai enquired the matter in Na.Ka.No.830/2007 and considered the representation dated 12.03.2007 and prepared a detailed report to regularise his service but no order has been passed so far. Again the petitioner gave a representation dated 24.09.2008 to complete the enquiry and pass orders on the representation dated 12.03.2007. As there is no action taken on his representation, having no other remedy except to approach this Court, the petitioner has filed the present writ petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondent to consider the petitioner's representation dated 24.09.2008 and pass appropriate orders on merits, within a particular time frame to be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondent has no objection for said order being passed by this Court.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondent/Inspector of Labour, Office of the Inspector of Labour, Gandhi Nagar, Tiruvannamalai to consider the petitioner's representation dated 24.09.2008, if not considered till date and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of with the above observation and direction. No costs.

26.06.2023 Index : Yes /No Speaking /Non-Speaking order dpq

To The Inspector of Labour Office of the Inspector of Labour Gandhi Nagar, Tiruvannamalai.

J. SATHYA NARAYANA PRASAD, J.

dpq 26.06.2023