The Superintending Engineer, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2024 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No. 20793 of 2005 The Superintending Engineer, Tamilnadu Electricity Board, Udumalpet Electricity, Distribution Circle, Udumalpet.
.. Petitioner Vs.
1.
The Government of Tamilnadu, represented by its Secretary to Government, Energy Department, Chennai - 9.
2.
The Government of Tamilnadu, represented by its Secretary to Government, Energy Department, Labour and Employment Department, Chennai - 9.
3.
The Inspector of Labour, Erode.
4.
E.K.Subramanian
5.
N.Nallasubramniam 6.
P.Kumar 7.
S.Selvaraj 8.
S.Kannan 9.
A. Eswaran 10.
N.Chellamuthu 11.
M.Ravichandran 12.
D.Muthukumar 13.
T.Kalimuthu 14.
K.Saravanamoorthy 15.
M.Selvaraj 16.
R.Rajamani 17.
A.Palaniappan 18.
S.Vasudevan 19.
P. Sundaram 20.
V.Palanisamy 21.
P. Palani 22.
G.Ravichandran 23.
R.Muruganandam 24.
J.Dharmaraj 25.
T.Shanmugam 26.
S.Sivanesan 27.
L.Thirunavukkarasu 28.
K. Thirumalaisamy 29.
R.Kuppusamy 30.
R. Balasubramanian 31.
D.Jeyachandran 32.
A.Abdul Jaffar Respondents 4 to 32 are represented by the General Secretary, Tamilnadu Minvaria Uzhaipalagal Sangam, Head Quarters,
Lalgudi, Trichy.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorari, calling for the records of the third respondent relating to this proceeding in petition No. 1607/2004 dated 17.02.2005 and quash the same as illegal and without jurisdiction. For Petitioner : Mr.Anand Gopalan M/s. Agam Legal Advocates For R1 & R2 : Mr.K.Surendran Additional Government Pleader
ORDER
This writ petition is filed challenging the Award passed by the third respondent, Inspector of Labour dated 17.02.2005 under the Tamil Nadu Conferment of Permanent Status of Workman in Industrial Establishments Act. By the impugned award, totally 29 workmen were directed to be conferred permanent status. Those workmen are arrayed as respondents No. 4 to 32.
2. When the matter came up for hearing today, Mr. Anand Gopalan,
the learned counsel appearing on behalf of the petitioner would submit that pending the writ petition, 12(3) settlement was entered into and in terms of 12(3) settlement except two workmen involved in the present case namely respondent No.8, Mr.S.Kannan and respondent No. 16, Mr.R.Rajamani, everybody else have already been absorbed and they are working in the petitioner management and therefore nothing further survives in respect of them.
3. In a batch of writ petitions preferred by the petitioner management which was taken up along with W.A.No. 1302 of 2003, the Hon'ble Division Bench has held that, subsequent 12(3) settlement would govern the field. When the employees have entered into a settlement and in terms of the settlement, the management has to absorb them and only two of the workmen not having been found to be eligible and they have also not approached the management nor this Court. Therefore, in respect of them also, in view of the 12(3) settlement, nothing further survives to be adjudicated in the matter.
4. Accordingly, with the above observations, the writ petition is
disposed of. Consequently, connected miscellaneous petition is closed. No costs.
19.11.2024 : Yes/No nsl To 1.
The Secretary to Government The Government of Tamilnadu, Energy Department, Chennai - 9.
2.
The Secretary to Government, The Government of Tamilnadu, Energy Department, Labour and Employment Department, Chennai - 9.
3.
The Inspector of Labour, Erode.
D.BHARATHA CHAKRAVARTHY , J.
nsl 19.11.2024