The Superintending Engineer v. Inspector Of Labour
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29-06-2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.18005, 42461 of 2016, 6784, 6785 of 2017 & 10616 of 2018 and W.M.P.Nos.15798, 36351 of 2016, 1036, 7350, 7351 of 2017, 12571, 11899 & 11900 of 2018 WP No.18005 of 2016 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, Dharmapuri Electricity Distribution Circle, Dharmapuri District.
2.The Chief Engineer, Tamil Nadu Generation and Distribution Corporation, No.800, Anna Salai, Chennai.
Krishnagiri.
2.M.Krishnan 3.Murugesan 4.Gobi 5.Vellu 6.Pradeep 7.Muralli 8.Bharathi 9.Suthanthiraselvan 10.Singaravellu 11.Ramalingam 12.Rajinikanth 13.Lakshmanan 14.Rajendran 15.Sankar 16.Selvaraj 17.Ellakiyavarma 18.Raman 19.Thirupathi 20.Senthil 21.Kumar 22.Vijakumar India to issue of Writ of Certiorari, calling for the records relating to the award passed by the first respondent made in
Na.Ka.No.A/991/ 2014 dated 11.9.2015, quash the same. WP No.42461 of 2016 The Superintending Engineer, Formerly Tamil Nadu Electricity Board, Presently Tamil Nadu Generation and Distribution Corporation, Vellore District.
2.K.Jayakumar 3.D.Elangovan 4.J.B.Jebarsen Richard 5.B.Rajkapoor 6.S.Kumaraguru 7.S.Karthikeyan 8.S.Suriya Moorthi India to issue of Writ of Certiorari, calling for the records relating to the award passed by the first respondent made in Na.Ka.No.E/2810/ 2015 dated 27.1.2016, quash the same. WP Nos.6784 and 6785 of 2017 The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation, Gandhi Nagar, Vellore - 632 006. ... Petitioner in WPs 6784 & 6785/17 2.Mr.C.Wilson Dayanidhi 3.Mr.R.Raghu 4.Mr.V.Mohanavelu ...
Respondents in WP 6784/2017 2.Mr.A.Muthu 3.Mr.E.Rufus Rajkumar 4.Mr.S.Chakravarthi 5.Mr.S.Tamilselvan ...
Respondents in WP 6785/2017 PRAYER : Petitions filed under Article 226 of the Constitution of India to issue of Writs of Certiorari, calling for the records relating to the award passed by the first respondent made in Na.Ka.Nos.E/ 3853, 3974, 4064/15 dated 30.6.2016 and
E/3223/15 dated 20.5.2016 respectively, quash the same. WP No.10616 of 2018 The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited Gandhi Nagar, Vellore-632 006.
Authority under the Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 2.S.Munusamy 3.S.Girish 4.R.Anandan 5.D.Dhandaplani 6.M.Chandrasekaran 7.M.Chandrababu 8.A.Babu 9.M.Jayakumar 10.E.Saravanan India to issue of Writ of Certiorari, calling for the records of the first respondent made in Ne.Mu.No.E/1334/2016 dated 7.10.2016, quash the same.
For Petitioner in all WPs :Mr.G.Anand for M/s.T.S.Gopalan & Co. For R1 in all WPs : M/s.A.Sri Jayanthi, Special Government Pleader.
For R5, R7, R10, R11, R18, R20 & R21 in WP 18005/16, R2 to R-8 in WP 42461/16, R2 to R-4 in WP 6784/17, R-2 to R-5 in WP 6785/17, R-2 to R-10 in WP 10616 : Mr.K.Sasindran For R2 to R4, R6, R8, R9, R12 to R17, R19 & R22 in WP 18005/16 : No Appearance
COMMON O R D E R These writ petitions are filed challenging the award passed by the Inspector of Labour granting permanent status to the workmen by the TANGEDCO.
2. The learned counsel appearing on behalf of the workmen made a submission that the board after 12 (3) Settlement dated 10.08.2007 issued orders in B.P. (Chairman) No.9, Administrative Branch, date 09.01.2008, granting permanent absorption for contract labourers, who all are not covered by 12(3) Settlement. Certain conditions are stipulated in the Board proceedings dated 09.01.2008 for granting permanent absorption.
3. The learned counsel appearing on behalf of the writ petitioner/management made a submission that the petitioners are not having any objection for considering the case of the workmen in the light of the terms and conditions as stipulated in B.P. No.9, dated 09.01.2008. In view of the said submissions, the learned counsel appearing for the workmen also agreed and filed their memo stating that the case of the workmen may be considered by the writ petitioners management in terms of the B.P.No.9 dated 09.01.2008.
4. In this view of the matter, the workmen are permitted to submit fresh representations to the writ petitioners management, within a period of three weeks from the date of receipt of a copy of this order, along with all necessary documents establishing their engagement as contract labourer. In the event of receiving any such representation from the workmen, the writ petitioner-management is directed to consider the same, in the light of the Board proceedings issued dated 09.01.2008 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5. In view of the submissions made by the learned counsel appearing on behalf of the workmen, the order passed by the Inspector of Labour, granting permanent status, cannot be insisted upon and in the event of considering the case of the workmen in the light of the B.P.No.9 dated 09.01.2008, the orders passed by the Inspector of Labour need not be given effect to.
6. Accordingly, all the writ petitions stand disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Svn To 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, Dharmapuri Electricity Distribution Circle, Dharmapuri District.
2.The Superintending Engineer, Formerly Tamil Nadu Electricity Board, Presently Tamil Nadu Generation and Distribution Corporation, Vellore District.
3.Inspector of Labour, Authority under the Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 4.Inspector of Labour, Krishnagiri.
5.The Chief Engineer, Tamil Nadu Generation and Distribution Corporation, No.800, Anna Salai, Chennai.
+3cc to M/s.T.S.Gopalan & Co, Advocate sr.42181,42183,41750 +3cc to M/s.K.Sasindran, Advocate sr.no.41937,41939,41940 W.P.Nos.18005, 42461 of 2016, 6784, 6785 of 2017 & 10616 of 2018 gmr(co) nr 09/070/2018