← Library
Madras High CourtWP/21616/2013dismissed

R.Kumaravel v. The Chief Engineer, Personnel

2015-01-19Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.Nos. 21616 & 33315 of 2013 1.R.Kumaravel 2.D.Ganesan 3.K.Manimaran 4.A.Subramanian 5.M.Ramalingam 5.J.Vasudevan 7.G.Sampath 8.P.Thirumalai 9.R.Kumaraguru 10.V.Sivaraj 11.V.Sivamoorthy 12.P.Louien Albert .. Petitioners in W.P.No.21616/2013 1.K.Mayakannan 2.R.Devaraju 3.A.Durai 4.G.Kandeepan 5.V.Sureshkumar 6.S.Joseph Reegan 7.M.Kumar 8.P.Selvakrishnan 9.V.Palani 10.P.Elumalai 11.T.Sekkidiyan 12.P.Elumalai 13.S.Devaraj 14.M.Vivekanandan 15.M.Kolandaivel 16.V.Kannan 17.G.Subbaiyan 18.A.Sekar 19.M.Chandran 20.J.Xavier Jabaraj 21.M.Ramamoorthy 22.K.Muthu 23.G.Nagendran 24.G.Nagarajan 25.S.Sivasankaran 26.R.Radhakrishnan 27.G.Venkatesh 28.N.Saravanan 29.N.R.Palani 30.P.Perumal 31.G.Nagarathinam 32.N.Gunasekaran

33.S.Velmurugan 34.K.Selvam 35.S.Aswathraman 36.S.Parameswaran 37.R.Gandhi 38.S.Ramadoss 39.P.Auldoss 40.M.Venkatesan 41.R.Balu 42.A.Saravanan 43.K.Kalliappan 44.K.Venkatachalapathy 45.K.Seenivasan 46.R.Gubendiran 47.M.Kumar 48.K.Shankar 49.M.Ayyanar 50.A.Dhanakoltti 51.S.Shanmugasundaram 52.J.Muthusamy 53.T.Rajamanickam 54.E.Manivannan 55.C.Murugan 56.P.Tamilselvan 57.S.Palanivelu . Petitioners in W.P.No.33315/2014 v.

1.The Chief Engineer, Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Kallakurichi Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, Kallakurichi, Villupuram District.

.. Respondents 1 and 2 in both W.Ps 3.The Labour Officer, Cuddalore. .. 3rd Respondent in W.P.No.21616/2013 & 4th respondent in W.P.No.33315/2014 4.The Superintending Engineer, Villupuram Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, Villupuram, Villupuram District.

.. 3rd Respondents in W.P.No.33315/2014 W.P.No. 21614/2014 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents 1 and 2 herein to furnish the original copies of the

working particulars of 307 persons who were appointed as Mazdoors II on 25.10.2012 to the 3rd respondent and compare the same with the working particulars of the petitioners and engage them as Contract Workmen on need basis.

W.P.No. 33315 /2014 Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents 1 to 3 herein to furnish the original copies of the working particulars of 307 persons who were appointed as Mazdoors (Trainee) on 9.11.2012 to the 4th respondent and compare the same with the working particulars of the petitioners and engage them as Contract Workmen on need basis in respondents 1 to 3 Corporation. For Petitioners : Mr.G.Ananda Kumar For Respondents : Mr.M.Fakkir Mohideen COMMON ORDER The petitioners have filed the above writ petitioners to issue a writ of mandamus directing the respondents 1 to 3 to furnish the original copies of the working particulars of the persons who were appointed as Mazdoors (Trainee) to the 4th respondent and compare the same with the working particulars of the petitioners and engage them as Contract Workmen on need basis in respondents 1 to 3 Corporation.

2. By consent of both the counsels, the writ petitions are taken up for final hearing.

3. When the matters are taken up for hearing, the learned counsel appearing for the petitioners submitted that the dispute was referred to the Labour Commissioner and on 16.04.2014, the Labour Officer filed his failure report.

4. When the remedy is available to the petitioners to approach the Labour Court, the present writ petitions are not maintainable.

5. In these circumstances, the petitioners are given liberty to approach the Labour Court in accordance with law. In view of the failure report of the Labour Officer dated 16.04.2014, the writ petitions are dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj

To 1.The Chief Engineer, Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Kallakurichi Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, Kallakurichi, Villupuram District.

3.The Labour Officer, Cuddalore.

4.The Superintending Engineer, Villupuram Electricity Distribution Circle, Tamil Nadu Electricity Generation and Distribution Corporation, Villupuram, Villupuram District.

+ 2 ccs to Mr.M.Fakkir Mohideen, Advocate SR.2461 & 2462 + 2 ccs to Mr.G.Ananda Kumar, Advocate sR.2472 & 2473 W.P.Nos. 21616 & 33315 of 2013 KJI(CO) Eu 02.02.15