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Madras High CourtWP/15523/2016disposed of

Mr.T.K.Sankar v. The Tamil Nadu Electricity

2016-04-26Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 26.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.15523 of 2016 T.K.Sankar ... PETITIONER Vs

1. The Tamil Nadu Electricity Generation and Distribution Corporation Limited (TANGEDCO) Rep. by its Chairman No.144 Anna Salai Chennai-600 002

2. The Chief Engineer (Personnel) Tamil Nadu Electricity Generation and Distribution Corporation Limited (TANGEDCO) No.144, Anna Salai, Chennai-600 002.

3. The Superintending Engineer Chennai North Electricity Distribution Circle Chennai-600 002

4. The Inspector of Labour Thiruvallur.

... RESPONDENTS Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of mandamus to direct the respondents 1 and 2 to implement the order of the 4th respondent passed in Na.Ka.No. E/5512/1999 dated 30.06.2001 under the provisions of the Tamil Nadu Industrial Establishment (Conferment of Permanent Stats of Workmen) Act 1981 and consequently direct the respondents to absorb the petitioner in the 1st respondent board on permanent basis on the representation submitted by the petitioner on 07.03.2016. For Petitioner : Mr.G.Kalaivanan For Respondent : Mr.R.Varalakshmi - R1 to R3 Standing Counsel Mr.R.Rajeswaran - R4 Special Government Pleader

O R D E R

Heard Mr.G.Kalaivanan, learned counsel appearing for the petitioner, Mr.R.Varalakshmi, learned standing counsel accepting notice for the respondents R1 to R3, Mr.R.Rajeswaran, learned Special Government Pleader accepting notice for the fourth respondent and with the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.

2.In this Writ Petition, the petitioner seek for a direction upon the respondents 1 & 2 to implement the order passed by the fourth respondent dated 30.06.2001, under the provisions of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status of Workmen) Act, 1981 and to absorb him as permanent employee, by considering his representation dated 07.03.2016.

3.Under similar circumstances, this Court has passed orders in W.P.No.3129 of 2015 dated 09.02.2015 & W.P.No.29791 of 2015 dated 22.09.2015, directing the respondent Board to consider and dispose of the representation on merits and in accordance with law.

4.In the light of the above, though the petitioner seeks for a larger relief, this Court is inclined only to direct the second respondents 1 & 2 to consider the petitioner's representation dated 07.03.2016, and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar r p a To

1. The Chairman Tamil Nadu Electricity Generation and Distribution Corporation Limited (TANGEDCO) No.144 Anna Salai Chennai-600 002

2. The Chief Engineer (Personnel) Tamil Nadu Electricity Generation and Distribution Corporation Limited (TANGEDCO) No.144, Anna Salai, Chennai-600 002.

3. The Superintending Engineer Chennai North Electricity Distribution Circle Chennai-600 002

4. The Inspector of Labour Thiruvallur.

+1cc to Mr.G.Kalaivanan, Advocate, S.R.No.25776 W.P.No. 15523 of 2016 MP(CO) CA(11/05/2016)