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Madras High CourtWP/3587/2021disposed of

E.Kandasamy v. The Managing Director

2024-01-12Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.3587 of 2021 E.Kandasamy ...

Petitioner Vs.

1. The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.

2. The Executive Engineer, TWAD Board, Maintenance Division (Siruvani) 15, Raghupathi Layout 2nd Street, Saibaba Colony, Coimbatore - 641 011.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to regularize the petitioner service with effect from the date of the petitioner's first appointment on temporary basis with effect from 01.05.2018, by considering the petitioner's representation dated 01.05.2018.

For Petitioners :

Mr.A.Saravanan For Respondents :

Mr.Y.Kavitha Standing Counsel for TWAD Board

ORDER

The petitioner was working as a Maintenance Assistant in AWSS 195 (Karamadai) Joint Drinking Project in Coimbatore Zone from 01.05.2018. Since the petitioner has been working for more than 280 days and that he claimed regularization of his service.

2. Mr.A.Saravanan, learned counsel for the petitioner submitted that the petitioner is the member of the Tamil Nadu Kudineer Vadikal Vaariya Oozhiyar Mathiya Amaippu (CITU) who has raised an Industrial Dispute in I.D.No.48 of 2001 for regularizing the workman and the Award has also been passed in favour the petitioner. A Writ Petition in W.P.Nos.139 of 2013 by the said association against the Management and the respondent field Special Leave Petition in S.L.P.No.620-621 of 2015 and the SLP was dismissed and the Award has attained finality. He further submitted that the petitioner is also a similarly placed person and in this regard, he has made a representation and no orders have been passed so far. Hence, the

learned counsel for the petitioner prayed for considering his representation on merits.

3. In view of the limited relief sought for by the petitioner, the respondents are directed to consider the representation of the petitioner dated 01.05.2018 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs.

12.01.2024 Index: Yes / No Speaking order / Non-speaking order vum

R.N.MANJULA ,J.

vum To:

1. The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.

2. The Executive Engineer, TWAD Board, Maintenance Division (Siruvani) 15, Raghupathi Layout 2nd Street, Saibaba Colony, Coimbatore - 641 011.

W.P. No.3587 of 2021 12.01.2024