The Superintending Engineer, v. The Govt. Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2021

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ W.P.No.26332 of 2005 and W.P.M.P.No.28755 of 2005 The Superintending Engineer, Gobi Electricity Distribution Circle, Gobichettipalayam.

... Petitioner Vs.

1. The Government of Tamilnadu, rep. by its Secretary to Govt., Energy Department, Chennai - 9.

2. The Govt. of Tamilnadu, rep. by its Secretary to Labour and Employment Dept., Chennai - 9.

3. The Inspector of Labour, Erode.

4. S.Ashok Kumar

5. S.Chinnathambi

6. A.Saravanan

7. S.Veeraraj

8. P.Immanuvel

9. K.Murugesan

10. C.Gunasekaran

11. R.Kandasamy

12. R.Sekar

13. V.Senthilkumar ... Respondents

PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the third respondent relating to its order passed in petition No.1117/2004, dated 29.12.2004 and quash the same as illegal.

For Petitioner : M/s.T.S.Gopalan & Co., For Respondent Nos.1 to 3 : Mr.C.Selvaraj Government Advocate (Civil) For Respondent Nos.4 to 13 : Mr.V.Elangovan - - - - -

O R D E R

The present Writ Petition has been filed for the issuance of a Writ of Certiorari to call for the records of the third respondent relating to its order passed in petition No.1117/2004, dated 29.12.2004 and quash the same as illegal.

2. When the matter is taken up for final hearing, the learned counsel appearing for the petitioner would submit that respondent Nos. 1 to 6 have already been considered and given permanent status and only in respect of respondent No.7, the matter may be considered, if he fulfills the conditions and norms laid down by the Division Bench of this Court reported in (2009) 3 LLN 325 [Superintending Engineer, Nagapattinam Electricity Circle, Tamil Nadu Vs. The Inspector of Labour] as well as the Settlement, which are taken place between the Union and the Management under Section 12(3) of the Industrial Disputes Act, 1947.

3. Considering the submission, a direction is given to the petitioner to consider the case of the seventh respondent for regularization, if he fulfills the conditions and norms required under 12(3) Settlement read with judgment of the Hon'ble Division Bench of this Court cited supra. The petitioner is further directed to consider and pass orders within a period of six weeks from the date of receipt of a copy of this order.

With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar asi 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, Erode.

+1cc to Mr.T.S.Gopalan & Co,Advocate SR.No.27929 +1cc to Mr.S.Doraisamy,Advocate SR.No.27810 +1cc to the Government Pleader SR.NO.27944 W.P.No.26332 of 2005 and W.P.M.P.No.28755 of 2005 SS (CO) A.SK(23.07.2021)