Central Organization Of Tamil Nadu Electricity v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.18715 of 2025 Central Organization Of Tamil Nadu Electricity Registration No. 158/Cpt, (Affiliated To Citu). Rep By Its Circle Secretary, Paneerselvam, S/o Maruthamuthu, Having Its Office At CITU Office, Duraimangalam, Prambalur Distirct - 621 220.
..
Petitioner Vs.
1. The State of Tamilnadu Represented By Its Secretary To Government, Energy Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Chairman And Managing Director,
3. The Director Distribution
4. The Chief Engineer (Distribution) Thennur, Tiruchirappalli - 620 017.
5. The Superintending Engineer Perambalur Electricity Distribution Circle, Perambalur - 621 220.
6. The Executive Engineer (Operation And Maintenance) Ariyalur - 621 713.
7. Silambarasan S/O Krishnamoorthy, The Assistant Exective Engineer(Operation), Jayamkondam Town, Udayarpalayam Taluk, Ariyalur District - 621 802.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents 1 and 2 to take disciplinary action against the 7th respondents for the death of deceased employee who was forced to carry out the work which is a violation of
TANGEDCO proceedings No.8, dated 02.03.2019 pursuant to the representation dated 11.04.2025 and pass such further or other order. For the Petitioner : Mr.R.Thirumoorthy For the Respondents : Mr.D.R.Arun Kumar for RR1 - 6
ORDER
The Trade Union viz., Central Organization of Tamil Nadu Electricity Employees is before this Court.
2. The prayer made in the Writ Petition is to direct the respondents 1 and 2 to take disciplinary action against the 7th respondent for the death of the deceased employee, who was forced to carry out the work which is violation of the TANGEDCO proceedings No.8 dated 02.03.2019, pursuant to the representation dated 11.04.2025.
3. As far as the rights of the kith and kin of the deceased employee is concerned, the same shall be taken care of in an appropriate proceedings. However, to take disciplinary action is concerned, this Court has been
consistently holding that it is within the domain of the employer. Disciplinary action must be taken against the 7th respondent to maintain discipline.
4. Therefore, it is for the respondents 1 to 6 to consider the representation and take such decision in that regard, that does not entitle the petitioner - Trade Union any concomitant right to come by way of Mandamus, before this Court.
5. With the above observation, this Writ Petition stands disposed of. No costs. Consequently, the associated miscellaneous petition is closed. 30.04.2025 : Yes/No Jer To
1. The Secretary To Government, State of Tamilnadu Energy Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Chairman And Managing Director,
3. The Director Distribution
4. The Chief Engineer (Distribution) Thennur, Tiruchirappalli - 620 017.
5. The Superintending Engineer Perambalur Electricity Distribution Circle, Perambalur - 621 220.
6. The Executive Engineer (Operation And Maintenance) Ariyalur - 621 713.
D.BHARATHA CHAKRAVARTHY, J.
Jer 30.04.2025