The Superintending Engineer v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI The Superintending Engineer TANGEDCO, Tiruvannamalai Electricity Distribution Circle, Tiruvannamalai.

... Petitioner in all the W.Ps.

Vs.

1.The Presiding Officer, Labour Court, Vellore, Vellore District.

... Respondent in all the W.Ps.

2.V.R.Saravanan ... Respondent in W.P.29094/2015 2.J.Senthilvelan ... Respondent in W.P.29095/2015 2.A.Gopalakrishnan ... Respondent in W.P.29096/2015 2.R.Rajininath ... Respondent in W.P.29097/2015 2.Alagiri ... Respondent in W.P.29098/2015 Common Prayer:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records relating to the impugned award in C.P.Nos.270, 276, 284 of 2013 & 12, 13 of 2014 respectively dated 16.04.2014 passed by the first respondent and quash the same as unsustainable in law.

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For Petitioner : Mr.Anand Gopalan for M/s.Agam Legal in all the W.Ps.

For Respondents : R1 - Court Mr.N.Suresh for R2 in all the W.Ps.

C O M M O N O R D E R The writ petitions have been filed seeking issuance of Writ of Certiorari calling for the records relating to the impugned award in C.P.Nos.270, 276, 284 of 2013 & 12, 13 of 2014 respectively dated 16.04.2014 passed by the first respondent and quash the same as unsustainable in law.

2.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 3.The learned counsel appearing for the petitioner submitted that the respective second respondent filed computation petitions before the first respondent on the ground that they filed applications before the Authority under the Tamil Nadu Industrial Establishment (Confirmation of Permanent Status to Workman) Act, 1981 and the Authority under the Act passed order in their favour and further 2/5

submitted that the order passed by the Authority under the Act was challenged before this Court in W.P.No.15272 of 2005 and the said writ petition was clubbed along with W.A.No.1302 of 2003 etc., batch and the Hon'ble Division Bench of this Court vide judgment dated 24.10.2008 modified the order of the Authority under the Act and challenging the same, the respective second respondent filed W.P.Nos.20292, 20299, 20304, 20297 and 20300 of 2019 and this Court vide order dated 08.09.2023 allowed the said writ petitions and directed the petitioner to reinstate the respective second respondent and aggrieved by the same, the petitioner filed W.A.Nos.582, 601, 603, 638, 664 of 2024 and the same is pending. 4.

Since the order passed by the Authority under the Tamil Nadu Industrial Establishment (Confirmation of Permanent Status to Workman) Act, 1981 was subsequently modified by this Court and challenging the same, the respective second respondent filed writ petitions before this Court and this Court vide order dated 08.09.2023 allowed the said writ petitions and directed the petitioner to reinstate the respective second respondent and aggrieved by the same, the petitioner filed W.A.Nos.

same is pending, the orders dated 16.04.2014 passed by the first respondent in C.P.Nos.270, 276, 284 of 2013 & 12, 13 of 2014 respectively are subject to the result of the writ appeals pending before the Hon'ble Division Bench of this Court in W.A.Nos.582, 601, 603, 638, 664 of 2024.

5.With the above observations, the writ petitions stand disposed of. No costs.

19.03.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Presiding Officer, Labour Court, Vellore, Vellore District.

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M.DHANDAPANI,J.

pri W.P.Nos.29094 to 29098 of 2015 19.03.2025 5/5