T.N.E.B Engineering Sangam v. The Tamil Nadu Electricity
In the High Court of Judicature at Madras Dated: 13.01.2015 Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice R. MAHADEVAN Writ Appeal Nos. 1174 and 1175 of 2000 Tamil Nadu Electricity Board Engineers' Sangam, Registered Union rep. by its General Secretary K. Singaravelu 793, Anna Salai Electricity Avenue, Madras-2.
.. Appellant in both appeals vs.
1. The Tamill Nadu Electricity Board rep. by its Chairman 600, Anna Salai, Madras-2.
2. Tamil Nadu Electricity Board Engineers Association, Electricity Avenue 793, Anna Salai, Madras - 2.
.. Respondents in WA.1174/2000
1. The Tamill Nadu Electricity Board rep. by its Chairman 600, Anna Salai, Madras-2.
2. Byron Stephen
3. Ero Velai Illa Pattatharigal Sangam rep. by its President A. Shanmuga Vadivel S/o. N. Arumugam 6/128, Periya Chetty Palayam Luckapuram Puthur Palayam Erode 638 002.
4. Tamil Nadu Electricity Board Engineers Association, rep. by its General Secretary Electricity Avenue 793, Anna Salai, Madras - 2.
5. S.M. Sarikeasi
6. R.M. Banumathi
7. C. Premavathy
8. Sreeraj
9. P. Balamurugan
10. K. Nachiappan
11. K. Ramesh
12. S. Vellaisamy
13. V. Kamarasan
14. G. Kumaraguru
15. K. Stalin
16. Margabandu
17. Alagesan
18. T. Vijay Anand
19. D. Sayatha
20. B.K. Yamuna
21. R. Anandan
22. K. Murugan
23. L. Anbalagan
24. Christopher Leoney
25. G. Senthilkumaran
26. R. Selvanayagi Naitha
27. K. Suresh Kumar
28. M. Renumathy
29. M. Sivaguru
30. K. Senthilkumar
31. Gandhimathi
32. Umashankar
33. Senthilkumar
34. Saravanan
35. Senthamil Selvi
36. P. Partia
37. R.G. Sivanantham
38. N. Pushpam .. Respondents in W.A.No.1175/2000 PRAYER: Writ Appeals filed under Clause 15 of the Letters Patent, against the common order dated 26.04.2000 passed by the learned Single Judge, in Writ Petition Nos. 4748 of 1990 and 5238 of 1995 on the file of this Court.
WP No.4748/90: Writ Petition filed under Article 226 of Constitution of India praying that directing the respondent to promote Junior Engineer Grande-II in its service to the Post of Junior Engineer Grade-I maintaining the ratio of Assistant Engineer and Junir Engineer Grande-I and 2:2 and pass order.
WP.No.5238/95: Writ Petition filed under Article 226 of Constitution of India praying that directing for hearing the respondent Board from morething now Assistant Engineer (Graduaty) in Electrical, Civil and Mechanical Branches, other then the existing Assitant Engineer and consequently maintain the cadre strength ratio 2:2:1 in the Sections other then distribution sections and 2:3 in distribution section and pass order.
For Appellant : Mr. V. Prakash, Sr. Counsel for Mr. R. Sunil Kumar in both For Respondents: Ms. R. Varalakshmi Standing Counsel for R1 in both Mr. P.S.Raman, Sr. Counsel for R. Santhanam for R2 in W.A. 1174 and R4 in W.A.1175 M/s. Shalam Associates for R2 & Mr.S.Dhanasekaran for R5, 6, 8, 11, 16 22, 26, 27, 28 and 33 in WA 1175.
COMMON JUDGMENT (Delivered by The Hon'ble The Chief Justice) The impugned common order dated 26.04.2000 is predicated on the sole plea of the appellant not being a Registered Body. Learned senior counsel for the appellant submits that the aforesaid finding is contrary to record and this position is not disputed by the learned senior counsel for the respondents.
2. In view of the aforesaid, normally, the impugned order would be liable to be set aside and remitted back to the learned Single Judge to be decided on merits. However, in the present case, the Opposing Group (who are all degree holders, seek recruitment with the respondent authority on the basis of the members of Appellant Sangam not being eligible on account of ratio) have succeeded in their Writ Petition bearing W.P.No.1307 of 1997, against which, the appellant has filed Writ Appeal No.1176 of 2000. Thus, the learned senior counsel for the appellant, on instructions, pleads that while examining the said issues in that appeal, the pleas of the appellant in the present appeals before us be also examined therein.
3. We accede to the said suggestion, especially as the matters are quite old and we have the benefit of the judgment of the learned single Judge inter se parties albeit in a different writ petition.
4. The impugned order is accordingly set aside and the appeals are disposed of with a direction that their rights would be examined in Writ Appeal No.1176 of 2000. No costs.
Sd/- Assistant Registrar Dated:23.1.15 True Copy Sub Assistant Registrar
Copies to;
1. The Chairman Tamill Nadu Electricity Board 600, Anna Salai, Madras-2.
+1 cc to Mr.R.Santhanam, Advocate,SR.2476.
ks(co) krd 3/2 W.A. Nos. 1174 & 1175 of 2000