Madras High CourtWP/8678/2020dismissed as infructuous

C.Ganesan v. The

2024-01-09Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.

8678 of 2020 and W.M.P.Nos.10515 & 16424 of 2020 1.C.Ganesan 2.K.Govindraj 3.P.Jaganathan 4.P.Madesh 5.P.Manickam 6.A.Pachiappan 7.S.Palaniappan ... Petitioners Vs.

1.SAIL Refractory Company Ltd., Rep by its Chief Operating Officer, Post Box No.565, BSCL Road, Salem 636 005.

2.The General Manager (Personnel and Administration), SAIL Refractory Company Ltd., Post Box No.565, BSCL Road, Salem 636 005.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to continue the petitioner workmen upto the age of 60 years as per certifying officer order dated 06.03.2015 and confirmed on 20.11.2015 under the Industrial Employment (Standing Orders) Act, 1946 as the first respondent has Page No.1 of 4

agreed to absorb them by an agreement dated 25.04.2013 in overall settlement of the Award dated 16.02.2006 passed in I.D.No.592 of 2001. For Petitioners : Mr.R.Govardhanan for M/s.Row & Reddy For Respondents : Mr.S.Raghavan for M/s.T.S.Gopalan & Co.

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to continue the petitioner workmen upto the age of 60 years as per certifying officer order dated 06.03.2015 and confirmed on 20.11.2015 under the Industrial Employment (Standing Orders) Act, 1946 as the first respondent has agreed to absorb them by an agreement dated 25.04.2013 in overall settlement of the Award dated 16.02.2006 passed in I.D.No.592 of 2001.

2. When the matter is taken up for hearing, the learned counsels for both sides submitted that since the petitioners have already reached the age of 60 years, nothing survives for further consideration in this Writ Petition and the relief sought in this Writ Petition has become infructuous. Page No.2 of 4

3. In view of the above submission of the learned counsels for both parties, this Writ petition is dismissed as infructuous. However, the petitioners are at liberty to workout any remedy in connection with the receipt of terminal - cum- service benefits, if any, in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed. 09.01.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk To 1.The Chief Operating Officer, SAIL Refractory Company Ltd., Post Box No.565, BSCL Road, Salem 636 005.

2.The General Manager (Personnel and Administration), SAIL Refractory Company Ltd., Post Box No.565, BSCL Road, Salem 636 005.

R.N.MANJULA , J.

gsk Page No.3 of 4

W.P.No.

8678 of 2020 and W.M.P.Nos.10515 & 16424 of 2020 09.01.2024 Page No.4 of 4