The Assistant Executive v. J.Kumaravel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. Nos.17896 to 17900 of 2015 and connected Miscellaneous Petitions W.P.No.17896 of 2015 1 The Assistant Executive Engineer Sub Division 1 2 3 4 K.W.S.P. P.W.D.

Poondi, Thiruvallur District.

2 The Executive Engineer K.W.S.P. Division-1 P.W.D., Chepauk, Chennai-600 005.

3 The Chief Engineer W.R.O., P.W.D.

Chepauk, Chennai-600 005.

4 The Government of Tamil Nadu Rep. by its Secretary Public Works Department Chennai-9.

5 The Engineer-in-Chief Water Resources Organisation and Chief Engineer (General) Public Works Department Chepauk, Chennai-600 005.

6 The Superintending Engineer Water Resources Organisation Chennai Region , Chepauk, Chennai-600 005.

7 The Superintending Engineer Water Resources Organization Palar Basin Circle, Chepauk, Chennai-600 005.

8 The Executive Engineer Water Resources Organisation Krishna Water Supply Project Division VIII Public Works Department Chepauk, Chennai-5.

[PETITIONERS in all Wps] Vs 1 J.Kumaravel [1st Respondent in WP.17896/15] 2.K.Murugesan ..Ist Respondetn in WP.17897/15 3.M.Jeyaraman ..Ist Respondent in WP.17898/15 4.R.Mohan raj ...Ist Respondent in WP.17899/15 5.M.Subramani ...Ist Respondent in WP.17900/15 6 The Presiding Officer 1st Addl. Labour Court Chennai-104.

[2nd RESPONDENT in all WPs ] PRAYER: Petition filed Under Article 226 of the Constitution of India praying to issue Writ of Certiorari, to call for the records in connection with the order dated 07.02.2015 made in I.D. No.693,696,695,696,697/10 (Respectively in WPs.17896 to 17900/15) of 2010 on the file of the 1st Additional Labour Court Chennai the 2nd respondent herein and quash the same. For Petitioners : Mr.R.Rajeswaran (in all WPs) Special Government Pleader For Respondents :Mr.K.Raja - R1 (in all WPs) C O M M O N O R D E R Heard Mr.R.Rajeswaran, learned Special Government Pleader appearing for the petitioners and Mr.K.Raja, learned Counsel appearing for the second respondent/workmen in all these Writ Petitions and with their consent, the Writ Petitions are taken up for final disposal.

2. It is submitted by the learned counsel on either side that the issue involved in these cases are squarely covered by the order passed in W.P.Nos.17767 to 17771 of 2015 dated

30.03.2016, wherein this Court passed the following order: 17.In the light of the above discussions, the Writ Petitions are partly allowed and the impugned common Award passed in I.D.Nos.688 to 698 & 700 to 702 of 2010 & 704 of 2010 dated 07.02.2015, is quashed only in respect of the relief granted to the respondents/workmen and the petitioner Department is directed to frame a Scheme for regularisation of the respondents/workmen, taking note of all the facts and also the various Government Orders in G.O.No.39, G.O.No.334 and G.O.No.134 and also the proceedings of the Chief Engineer dated 18.12.2007, and pass necessary orders so as to enable the respondents/workmen to be regularly absorbed in the service of the petitioner Department. The above direction shall be complied with by the competent authority of the petitioner Department within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.

3. It is submitted that in these writ petitions also the same awards are the subject matter for consideration.

4. In the light of the above, the Writ Petitions are partly allowed and the impugned common Award passed in I.D.Nos.693 to 697 of 2010 dated 07.02.2015, is quashed only in respect of the relief granted to the respondents/workmen and the petitioner Department is directed to frame a Scheme for regularisation of the respondents/workmen, taking note of all the facts and also the various Government Orders in G.O.No.39, G.O.No.334 and G.O.No.134 and also the proceedings of the Chief Engineer dated 18.12.2007, and pass necessary orders so as to enable the respondents/workmen to be regularly absorbed in the service of the petitioner Department. The above direction shall be complied with by the competent authority of the petitioner Department within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To

1. The Presiding Officer 1st Addl. Labour Court Chennai-104.

+1 cc to Mr.K.Raja Advocate sr.22922/16 W.P. Nos.17896 to 17900 of 2015 aa02/05/2016