D.Dinagaran v. The Management Of Bharat
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.Nos.29346 of 2008 and 6309 of 2009 W.P.No.29346 of 2008 1.D.Dinagaran 2.R.Ramamoorthy 3.V.Raja 4.M.Gnanavel 5.G.Palani 6.G.Govindaraji 7.K.Babu 8.K.Saravanan 9.D.Sydney Vincent Babuji 10.S.Panneer Selvam 11.G.Karunakaran 12.D.Bal raj 13.P.Venkatesan 14.L.Mothilal 15.M.Kumaresan 16.D.Haridass 17.V.Muthukumaran .. Petitioners in W.P.No.29346 of 2008 1.D.Mohan 2.K.Balasubramaniam 3.N.S.Baskaran 4.R.Shanmugasundaram 5.D.Ruban 6.M.Subakannan 7.R.Babu Raj 8.P.Gajananda Kumar 1/6
9.G.Venkatesan 10.M.Perumal 11.A.Pichandi 12.N.Sivakumar 13.B.Selvan 14.J.Govindasamy 15.P.S.Vaidyanathan 16.K.Karthikeyan 17.M.Ravichandran 18.S.Mahalingam 19.S.Pandurangan 20.G.Sathiyamoorthy 21.P.Poongavanam 22.M.Murali 23.B.Meganathan .. Petitioners in W.P.No.6309 of 2009 Vs.
1.The Management of Bharat Heavy Electricals Ltd., Represented by its Chairman and Managing Director, BHEL Corporate Office, Siri Fort, New Delhi-110 049.
2.The General Manager, Bharat Heavy Electricals Limited, Indira Gandhi Industrial Complex, Ranipet-632 406.
3.The Senior Manager/HR, (Recruitment & Systems), Bharat Heavy Electricals Limited, Indira Gandhi Industrial Complex, Ranipet-632 406.
.. Respondents in both WPs.
Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2/6
respondents to consider the case of the petitioners for appointment in permanent regular services in the respondent company for the post of Artisans, as per the provisions of the Apprentices Act, 1961 based on the principles laid down by this Honourable court made in W.A. Nos. 685 to 687 of 2007 and in W.P.Nos. 7657, 9711 to 9715 of 2006 and 9639 of 2007.
In both WPs.
For Petitioners : Mr.R.Rajaram For R1 & R2 : Mr.F.B.Benjamin George C O M M O N O R D E R Both these writ petitions were filed by apprentices in Bharat Heavy Electricals Limited (BHEL) seeking appointment in the permanent regular services of the company for the post of artisans. 2.In earlier matters wherein the same issue arose for consideration, BHEL carried the matter in appeal before a Division Bench of this Court and the Division Bench allowed the appeals by holding that the private respondents cannot, as a matter of right, claim the relief sought for in view of Section 22(1) of the Apprentices Act, 1961. (The Management of 3/6
Bharat Heavy Electrical Limited and others v. R.Govindan, MANU/TN/0228/2015). The Division Bench was also cognizant of the fact that the private respondents therein were guilty of laches, and recorded a finding to that effect. The matter was challenged before the Supreme Court by way of Special Leave Petitions, which came to be dismissed by order dated 13.08.2024.
3.Since these writ petitions are squarely covered by the decision of the Division Bench of this Court, these two writ petitions are dismissed without any order as to costs.
18.12.2024 Index : Yes / No Internet : Yes / No kj 4/6
To 1.The Management of Bharat Heavy Electricals Ltd., Represented by its Chairman and Managing Director, BHEL Corporate Office, Siri Fort, New Delhi-110 049.
2.The General Manager, Bharat Heavy Electricals Limited, Indira Gandhi Industrial Complex, Ranipet-632 406.
3.The Senior Manager/HR, (Recruitment & Systems), Bharat Heavy Electricals Limited, Indira Gandhi Industrial Complex, Ranipet-632 406.
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SENTHILKUMAR RAMAMOORTHY,J.
Kj W.P.Nos.29346 of 2008 and 6309 of 2009 18.12.2024 6/6