V.R.Kannan v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.R.Kannan ... Petitioner Vs.

1.The Presiding Officer, The Central Government Industrial- - Sastribhavan, 1st Floor, No.26, Haddows Road, Chennai-6 2.The Airport Authority of India, Rep. by Airport Director, International Airport Division, Chennai Airport, Chennai-27 3.The Union of India, Rep. by Secretary, Civil and Aviation Ministry, New Delhi ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus, after calling for the records relating to the order dated 31.10.2013 of the first respondent, quash the same and consequently direct the first respondent to take the 2A(2) petition on file and adjudicate the issue of non employment of the petitioner.

For Petitioner : Mr.S.T.Varadarajulu 1/6

For Respondents For R3 : Mr.B.Rabu Manohar, Senior Central Government Panel Counsel

O R D E R

This writ petition has been filed challenging the order dated 31.10.2013 of the first respondent and consequently to direct the first respondent to take the 2A(2) petition on file and adjudicate the issue of non employment of the petitioner.

2.

Heard, the learned counsel for the petitioner and the learned Senior Central Government Panel Counsel appearing for the third respondent.

3.

The petitioner joined in the service of the first respondent organisation in the year 1988 as Apron Sweeper as daily wagee in the old Airport as a temporary employee. His service was terminated on 02.02.2001. He raised Industrial Dispute before the Conciliation Officer for his reinstatement with backwages and all consequential benefits on the ground that the petitioner is terminated from service by the second 2/6

respondent without giving any notice. It was failed before the Conciliation Officer. Thereafter, he made several representations and also filed writ petition before this Court in WP.No.34117 of 2004. This court by order dated 16.03.2012, directed the petitioner to approach the Conciliation Officer. It was also failed and failure report was given on 29.08.2013. Again, the petitioner filed writ of mandamus before this Court for direction directing the respondents for regularisation of service in WP.No.2022 of 2001. It was also dismissed and directed the first respondent to dispose of the representation on 05.04.2000. It was also rejected and again as directed by this Court, the petitioner raised Industrial Dispute before the Labour Court. It was returned for the reason on the ground of delay since the petitioner was terminated from service in the year 1997.

4.

Admittedly, he was working under temporary employment on contract as Apron Sweeper. Now he is aged about more than 58 years. Therefore, the Labour Court rightly rejected the claim petition filed by the petitioner and this Court finds no infirmity or illegality in the order passed by the Labour Court.

3/6

5.

Accordingly, this writ petition is dismissed. There shall be no order as to costs.

03.07.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 4/6

To 1.The Presiding Officer, The Central Government Industrial- - Sastribhavan, 1st Floor, No.26, Haddows Road, Chennai-6 2.Airport Director, The Airport Authority of India, International Airport Division, Chennai Airport, Chennai-27 3.Secretary, The Union of India, Civil and Aviation Ministry, New Delhi

4. The Public Prosecutor, High Court, Madras.

5/6

G.K.ILANTHIRAIYAN, J.

lok 03.07.2023 6/6