The Superintending Engineer v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.7500 of 2005 The Superintending Engineer, Kanchipuram Electricity Distribution Circle, Anna Maaligai, Olimohamadpet, Kanchipuram - 631 502.
... 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 Police, Trivellore.
4.
N. Saravanakumar 5.
A.Yobu Devasampath 6.
G. Ramesh 7.
M.Mohan 8.
K.Kumar 1/6
9.
D. Mariappan 10.
R. Sureshkumar 11.
S. Prakash 12.
R.Rammanna 13.
C.Raghu 14.
M.Chittibabu 15.
D.Samson 16.
S.Sivaraman 17.
D.Janarthanam 18.
A.Kumar 19.
M.Shanmugam 20.
M.Narayanan 21.
D.Ambedkar 22.
V.Anbumani 23.
P.Ravi Chandran 24.
S.Sambasivam 25.
C.Muthu 26.
M.Palani 27.
A.Sathiababu 28.
N.Ramesh 29.
T.Dinagaran 30.
K.Rajendran 31.
P.Paramasivam 32.
D.Chandran 33.
D.Victor Joseph 34.
B. Anbazagan 35.
D.Mohan 36.
C.Magesh 37.
C.Murthy 38.
E.Sagayam 39.
M.Anandan 40.
D.Kumar 41.
P. Adisesan 42.
D.Bhaskaran 43.
V.Ganesan 44.
K.Saravanan 2/6
45.
P.Wilson 46.
E.Raghu 47.
D.Rajendran 48.
G.Murugaian 49.
V.Sambasivam 50.
S.Inbam 51.
M.Sasikumar 52.
J.Kumaresan 53.
R.Murugan 54.
D.Sekar 55.
A.Venkatesan 56.
V.Ramesh 57.
S.Sadasivam 58.
M.Pushparaj 59.
E.Ramadoss 60.
K.Narasimman 61.
R.Govindaraj 62.
M.Ethirajan 63.
S.Gopi 64.
R.Kumaran 65.
V.Pushparaj 66.
S.Kumaresan 67.
K.Sourimalai 68.
P.Vasudevan 69.
D.Shankar 70.
S.Ramamoorthy 71.
T.Loganathan 72.
K.Manivannan 73.
R.Manigandan 74.
A. Velan 75.
K.Duraivelu 76.
M.Subramani 77.
A.Yasodharan 78.
C. Rahgupathy.
... Respondents 3/6
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records of the third respondent in proceedings Na.Ka.No.E.2028/98/dated 20.10.2000 and to quash the same as illegal and without jurisdiction.
For Petitioner : Ms.S.B.Keerthan for M/s. Agam Legal For R1 & R2 : Mr. K.Surendran Additional Government Pleader For R3 : Labour Court For R4 to R78 : Not ready in notice
ORDER
This writ petition is filed challenging the Award passed by the third respondent, Inspector of Labour dated 20.10.2000 under the Tamil Nadu Conferment of Permanent Status of Workman in Industrial Establishments Act. By the impugned award, totally 75 workmen were directed to be conferred permanent status. Those workmen are arrayed as respondents No. 4 to 78.
2. When the matter came up for hearing today, Ms.S.B.Keethana, 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 4/6
12(3) settlement except 28 workmen involved in the present case namely respondent Nos.11 to 13, 18 to 20, 27, 28, 31, 33 to 35, 37, 39, 42, 46, 47, 51, 59, 60, 64 to 66, 68 to 70, 76 & 77, 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 28 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.
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D.BHARATHA CHAKRAVARTHY, J.
nsl 1.
The Secretary to Government, Energy Department, Chennai - 9.
2.
The Secretary to Labour and Employment Department, The Government of Tamilnadu Chennai - 9.
3.
The Inspector of Police, Trivellore.
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