P.Venu v. The Govt. Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.06.2018

CORAM

The Hon'ble Mr.Justice M.DHANDAPANI W.P.Nos.5214 & 5217 of 2007 P.Venu .. Petitioner in W.P.No.5214/07 V.Thangaraj .. Petitioner in W.P.No.5217/07 Vs

1. The Government of Tamil Nadu rep.by the Secretary to the Government Education, Science and Technology Department, Fort St.George, Chennai - 9.

2. The Director of Technical Education, Guindy, Chennai 600 0025.

3.The Special Officer, I.R.T.Polytechnic, Bargur, Dharmapuri District.

.. Respondents in both the W.Ps.

Writ Petitions filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus to direct the respondents to regularise the services of the applicants in the post of Laboratory Attender with effect from the date of their initial appointment (i.e. 05.11.1995) and grant them all consequential benefits.

For Petitioner in both W.Ps.

: Mr.P.Rajendran For Respondents 1&2 in both W.Ps.

: Mr. K.Ravikumar, AGP R3 : M/s. King & Patridge

COMMON ORDER Originally both the petitioners have filed an application before the Tamil Nadu Administrative Tribunal, Chennai and subsequently, the same has been transferred and renumbered as writ petition before this Court.

2. Both the petitioners were appointed as Laboratory Attender with the third respondent in the year 1995. It is the further case of the petitioners that though they rendered seven years of unblemished service, their services in the said post was not regularised. In this regard, petitioners have also made a representation on 20.02.2002 to the second respondent seeking to regularise their services.

Since the representations submitted by the petitioners were not considered by the second respondent, the petitioners have filed the present writ petition.

3. At the time of hearing these writ petitions, learned Additional Government Pleader appearing for the respondents would submit that the both the petitioners have raised the industrial dispute before the Labour Court in I.D.No.72 of 2015 and the same is pending.

4. In view of the above, since the petitioners have already approached the appropriate forum by redressing their grievance, there cannot be a parallel proceedings with regard to the very same issue and hence, these writ petitions are dismissed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar smi

To

1. The Government of Tamil Nadu rep.by the Secretary to the Government Education, Science and Technology Department, Fort St.George, Chennai - 9.

2. The Director of Technical Education, Guindy, Chennai 600 0025.

3.The Special Officer, I.R.T.Polytechnic, Bargur, Dharmapuri District.

+1 cc to Government Pleader Sr.40979, 40980 +2 ccs to King & Partridge, Advocate Sr.40172 & 40175 W.P.Nos.5214 & 5217 of 2007 CA(CO) EU(18/07/2018)