D.R.Murugesan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4866 of 2011 1.D.R.Murugesan 2.N.Senthil 3.K.Veerapandian 4.V.Murugaiyan 5.N.Mathiyalagan 6.D.Kannathasan 7.B.Gopi 8.A.Kubendran 9.D.Ramesh 10.S.Senthil 11.P.Murugan 12.S.Ravichandran 13.M.Ramamoorthi 14.A.Balasubramanian 15.Rajappa 16.K.Boominathan 17.M.Chitravel 18.T.Sadasivam 19.S.Arokiaraj 20.N.Manivel 21.D.Suresh Raj 22.M.Sivakumar 23.S.Sundaramoorthy 24.A.Rengasamy 25.S.Palanivelu 26.J.Anthonisamy 27.Kalimuthu 28.K.Sasi Kumar 29.K.Ravi 30.X.Vijaya Anand 31.K.Johnson 32.J.Anthoniraj 33.S.Arokiasamy 34.M.Saravanan 35.A.Abdul Ameed 36.R.Sudhakar 37.R.Sankar 38.T.Murugesan 39.M.Gopi 40.P.Saravanan 41.M.Durai Arasan
42.M.Veeraiyan 43.M.Ramalingam 44.S.Kalidasan 45.A.Illaiyaraja 46.D.Rajendran 47.C.Anandthan 48.P.Vasantha Kumar 49.S.Rajasekaran 50.S.Sugumar
...Petitioner
Vs.
1. The Chairman Tamil Nadu Electricity Board 144, Anna Salai, Chennai-2.
2. The Chief Engineer (Personnel) Tamil Nadu Electricity Board/ Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) No.144, Anna Salai, Chennai-600 002.
3. Tamil Nadu Electricity Board Rep.by its Secretary 800, Anna Salai, Chennai-600 002.
4.S.Selvendiran
5. Tamil Nadu National Electricity, Workers Federation, Rep.by its General Secretary, R.Swarnaraj
6. M.Baskaran
7. M.Ramesh Kumar
8. P.Karikalan 9.J.Kannan 10.S.Jayachandran 11.S.Antony David Raja 12.K.Somasundaram 13.K.Vasudevan 14.P.Rajkumar 15.K.Santhanasamy (RR5 to 15 impleaded as per order dated 28.04.2011 in WMP.Nos.6 & 5/2011 in WP.No.4866 of 2011 ) 16.Tamil Nadu Electricity Board Workers Progressive Union Rep.by its General Secretary S.Rathinasabapathy, Reg.No.38.CPT No.144, Anna Salai, Chennai-600 002. ... Respondents (R16 impleaded as per order dated 09.08.2011 by KNBJ in MP.No.9 of 2011 in WP.No.4866 of 2011)
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings (PER.)F.B.TANGEDCO PROCEEDINGS No.3 dated 19.02.2011 of 2nd respondent and quash the same and consequently, direct the 1st and 2nd respondents to absorb the Contract Labourers who has been engaged by the Tamil Nadu Electricity Board. For Petitioner : Mr.V.Stalin For Respondents : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.
for RR1 to 3.
Mr.S.Packiaraj for R4.
Mr.M.Sudhakar for R5.
Mr.G.Sankaran for RR6 to 15.
Mr.Balan Haridas for R16.
ORDER
The Board proceedings No.3, Administrative Branch dated 19.02.2011 is under challenge in the present writ petition.
2. The Board proceeding was issued in respect of R.W.E. Contract Labourers, working in Kumbakonam, Thirumayam and Vandavasi Rural Electric Co-operative Societies and more specifically for absorption as Temporary Casual Labourers on daily wages. The Board proceedings impugned in the present writ petition reads hereunder:
"4). Similar to the (Per.) B.P.(FB).No.44, (Adm.Branch), dated 06.09.2007 issued based on the 12(3) settlement dated 10.08.2007, after careful examination the board has approved for absorption of 188 contract labourers who have worked in the 3 Rural Electric Cooperative Societies viz. Kumbakonam, Vandavasi and Thirumayam as Temporary Casual Labourers for a period of one year and to appoint them as Mazdoor, Assessor Grade-II and Help-cum-Meter Reader based on their educational qualification, as ordered in (Per.) B.P.(FB).No.44, (Adm. Branch), dt 06.09.2007. "
3. The respective learned counsel appearing on behalf of the casual labourers as well as the learned counsel appearing on behalf of the Electricity Board brought to the notice of this Court that all the 188 contract labourers were absorbed on permanent basis and they are serving for past many years. However, the claim of the writ petitioner is that the absorption were not done by following the seniority and by following the board proceedings.
4. The writ petitioner cannot challenge the board proceedings dated 19.02.2011, in view of the fact that they were initially the beneficiaries of the board proceedings and during the implementation of the board proceedings, their claim for permanent absorption was not considered, on account of certain reasons. Thus, challenge made with reference to the board proceedings No.3 dated 19.02.2011, requires no further adjudication. However, if at all any violation of the board proceedings or violation of the other terms and conditions are established by the writ petitioner, they are at liberty to challenge all subsequent proceedings and actions of the Tamil Nadu Electricity Board before the appropriate forum and by following the procedure contemplated.
5. With this liberty, the petition deserves no further adjudication. Accordingly, the board proceedings dated 19.02.2011 which is under challenge deserves no further interference.
Consequently, the writ petition stands disposed of.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Chairman Tamil Nadu Electricity Board 144, Anna Salai, Chennai-2.
2. The Chief Engineer (Personnel) Tamil Nadu Electricity Board/ Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) No.144, Anna Salai, Chennai-600 002.
3. The Secretary, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.
+1 cc to M/s.Balan,Advocate Sr.No. 77683 AKM/04.10.19/2P-5C / AKM/30.10.19 W.P.No.4866 of 2011