The Superintending Engineer, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.24945 of 2005 and W.P.M.P.No.27325 of 2005 The Superintending Engineer, Dharmapuri Electricity Distribution Circle, Tamil Nadu Electricity Board, Dharmapuri - 636 705.
... Petitioner Vs.
1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Energy Department, Chennai - 9.
2.The Government of Tamil Nadu, Rep. by its Secretary to Labour and Employment Department, Chennai - 9.
3.The Inspector of Labour, Krishnagiri.
4.A.Murugesan 5.P.Murugan 6.V.Sivan 7.G.Krishnan 8.S.Raghunathan Page No.1 of 7
9.T.Vediyappan 10.P.Prakash 11.R.Rajendiran 12.R.Vasudevan 13.A.Annadurai 14.R.Ravi 15.R.Chinnasamy 16.M.Madhiyan 17.S.Chandirasekar 18.G.Arivarasan 19.A.Shankar 20.K.Subramani 21.M.Sakkarai 22.C.Perumal 23.K.Chennaiyan 24.P.Duraisamy 25.R.Rajendiran 26.A.Kanagasivam 27.K.Chinnasamy 28.J.Sankarappa 29.C.Nanjundaiya 30.A.Risvan 31.M.Narasimmaiah 32.C.Kannaiyan 33.C.Lakshmanan Page No.2 of 7
34.M.Puttappa 35.T.Sakthivel 36.G.Munusamy 37.D.Manivelan 38.S.Sekar 39.C.Arumugam 40.P.Sekar 41.A.Alagarasan ... Respondents (Respondents 4 to 41 rep. by Thiru.S.Gokuldass, System Secretary, Tamil Nadu Minvariaya Uzalipalargal Sangam, Registered No.1200/TRY.62-J, Arumuga Achari Street, Dharmapuri - 636 701.) Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari calling for the records of the third respondent relating to his proceedings made in Petition No.A/1358/2005, dated 25.04.2005 and quash the same.
For Petitioners :
Mr.Haroon for M/s.T.S.Gopalan & Co., For Respondents 1 to 3 :
Mr.S.Ravikumar, Special Government Pleader
O R D E R
The petitioner has filed this writ petition seeking to call for the records of the third respondent relating to his proceedings made in Petition Page No.3 of 7
No.A/1358/2005, dated 25.04.2005 and quash the same.
2. When the matter was taken up for hearing, learned counsel for the petitioner filed a memo dated 17.06.2023 stating that out of 38 workmen, 20 workmen have satisfied the eligibility criteria prescribed under Section 12(3) settlement and they were absorbed between 2005 and 2020. In regard to remaining 18 workmen, the petitioner is unable to ascertain whether they were eligible to be absorbed. It is pertinent to extract the relevant portions of the said memo dated 17.06.2023 and same reads as follows: "1.The above writ petition has been filed challenging the order of 3rd respondent granting permanency in respect of respondents 4 to 41. By order dated 28.04.1998, the Division Bench of this Hon'ble Court upheld the Section 12(3) settlement dated 10.08.
2007 signed between the Board and the Union whereby conditions were stipulated for absorption of contract workmen. The Division Bench also held in the said Judgement that any absorption of contract workmen in the service of the Board would be subject to the Section 12(3) settlement. In the present writ petition respondents 4, 5, 6, 7, 9, 10, 11, 12, 15, 20, 21, 22, 24, 25, 27, 36, 38, 39, 40 and 41 satisfied the eligibility criteria prescribed under the Section 12(3) settlment and they were absorbed between 2005 and 2020. As far as the other respondents are concerned the petitioner is unable to ascertain Page No.
whether the said respondents were found to be eligible and whether absorbed. However, in the light of the recent Division Bench Judgment the 3rd respondent has no power to adjudicate any question in respect of contract workmen as such the order challenged in the present writ petition deserves to be set aside.
2. In the aforesaid circumstances in so far as the respondents whose identity is not known to the petitioner, this Hon'ble Court may close the writ petition and also taking note of the fact that other respondents have been absorbed, with liberty to the petitioner to revive the writ petition in respect of the contesting respondents whose present status are unknown and if thy were to stake any claim in terms of the impugned order in the writ petitioner."
3. The aforesaid memo dated 17.06.2023 filed by the petitioner has been taken on record by this Court.
4. Recording the memo dated 17.06.2023 filed by the petitioner, this writ petition stands disposed of with a liberty to the petitioner to revive the writ petition in respect of the contesting respondents, whose present status are unknown and if they were to stake any claim in terms of the impugned order in the writ petition.
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5. Accordingly, this writ petition stands disposed of with the aforesaid liberty. No costs. Consequently, connected miscellaneous petition is closed. 19.06.2023 vm Index :
Yes/No Speaking Order :
Yes/No J.SATHYA NARAYANA PRASAD,J.
vm To:
1.The Secretary to Government, Energy Department, Chennai - 9.
2.The Secretary to Labour and Employment Department, Chennai - 9.
3.The Inspector of Labour, Krishnagiri.
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19.06.2023 Page No.7 of 7