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Madras High CourtWP/10613/2024disposed of

J.Ezhilarasan v. Managing Director

2024-04-29Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.11678 and 11680 of 2024

1. J.Ezhilarasan

2. R.Sathish

3. S.Desam

4. V.Vimal

5. A.Shanthi

6. R.Valli

7. C.Sathishkumar

8. E.Velu

9. A.Senuvasan

10. V.Prabhakaran

11. A.Sridhar

12. N.Bhakiyalakshmi

13. M.Raghupathy

14. M.Vijaya

15. M.Paul Sam Sundar .. Petitioners

Versus

1. Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Street, Chennai - 600 010.

2. Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Chennai - North Zone, Chennai - 600 086.

3. The Assistant Commissioner of Labour 1/6

(Enforcement) - 3, No.33, Venkatnarayana Road, Nandanam, Chennai.

.. Respondents R3 - suo motu impleaded as per the order, dated 18.04.2024 in W.P.No.10613 of 2024.

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing respondents 1 and 2 from in any manner ousting / terminating / dispensing with the services of the petitioners herein during the pendency of application pending before the Assistant Commissioner of Labour (Enforcement) - 3 and Authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 having office at No.33, Venkatnarayana Road, Nandanam, Chennai - 600 035 in CPS Case No.E/187/2018. For Petitioners : Mr.V.Subramani For Respondents : Mr.C.Selvaraj Panel Advocate (TNCSC) for RR-1 and 2 : Mr.Stalin Abhimanyu, Additional Government Pleader, for R3

ORDER

It is seen that the petitioners who are working in the respondent Corporation have moved the third respondent by their application in C.P.S Case No.E/187/2018 to confer permanency on them under the Tamil Nadu 2/6

Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981 and the same is still pending.

2. Mr.C.Selvaraj, learned Panel Advocate (TNCSC) for the respondent Nos.1 and 2 also would submit that the claim is pending and the petitioners are also working as on date.

3. In view thereof, this Writ Petition is disposed of with a direction to the third respondent to consider the said case in CPS Case No.E/187/2018 and dispose of the same on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. Since the petitioners are admitted to be working as on date, until the disposal of the application by the Inspector of Labour, Nandanam, Chennai, let status quo as on today be maintained. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 29.04.2024 (2/2) Index : yes Speaking order : no grs 3/6

To

1. The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Street, Chennai - 600 010.

2. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Chennai - North Zone, Chennai - 600 086.

3. The Assistant Commissioner of Labour (Enforcement) - 3, No.33, Venkatnarayana Road, Nandanam, Chennai.

4. The Inspector of Labour, Nandanam, Chennai.

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D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.Nos.11678 and 11680 of 2024 29.04.2024 (2/2) 5/6

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