A. Govindaraju v. The Chairman Cum Managing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.17973 of 2013 A.Govindaraju
...Petitioner
Vs.
1. The Chairman cum Managing Director, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer Personnel, No.144, Anna Salai, Chennai - 600 002.
3. The Additional Chief Engineer, Salem Electricity Distribution Circle, Salem - 14.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of 3rd respondent in Letter No.Koo Tha Po/Sa Me Pa Va/Sa/Ni Pi.2/Vu.4/Ko.O.Tho.Ni.Va/ No.898/2012, dated 03.08.2012 and quash the same as illegal and consequently direct the respondent to absorbs the petitioner in the respondent corporation.
For Petitioner : Mr.M.Chandru for M/s.K.Sasindran & P.Suresh For Respondents : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.
ORDER
The petitioner herein is aggrieved against the order of the 3rd respondent, dated 03.08.2012, whereby his request for conferment of permanent status was rejected on the ground that he had not put in 240 days of continuous service in 12 calender months, from the date of engagement of his service.
2. The issue as to whether the petitioner has put in required amount of continuous service, is based on factual aspects and this Court exercising its powers under Article 226 of Constitution of India, will not be justified in adjudicating such factual aspects. If at all the petitioner is of the view that he has put in 240 days or 480 days of continuous service in 12 / 24 months, it is always open to him to invoke the appropriate statutes including the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 or the Industrial Disputes Act, 1947. In this background, this Court would not be justified in interfering with the impugned order.
3. In the light of the above findings, the writ petition is dismissed with liberty to the petitioner to work out his remedies, in accordance with the observations made in this order. No costs.
Sd/- Assistant Registrar True Copy// Sub Assistant Registrar Pns To
1. The Chairman cum Managing Director, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer Personnel, No.144, Anna Salai, Chennai - 600 002.
3. The Additional Chief Engineer, Salem Electricity Distribution Circle, Salem - 14.
+1cc to M/s.T.S.Gopalan & Co, Advocate, S.R.No.21141 W.P.No.17973 of 2013 GMR[co] NSK 12/04/2022