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Madras High CourtWP/38592/2015disposed of

M.Kannabiran v. The Chairman Cum Managing

2015-12-08Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.38592 of 2015

1. Kannabiran

2. R.Muniraj

3. D.Eswaran

4. C.Murugesan

5. C.Ravi

6. S.Gopi

7. M.Sadasivam ... Petitioners 8.

Vs.

1.The Chairman-cum-Managing Director Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai-2.

2.The Chief Engineer Personnel Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai-2.

3.The Superintending Engineer Dharmapuri Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Dharmapuri District.

4.The Director National Commission for Schedule Caste and Schedule Tribes, II Floor V Division Shastri Bhavan, Chennai-6.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents to consider and pass orders on the petitioners representation dated 18.11.2015.

For Petitioners : Mr.K.Sasindran For Respondents : Mr.Fakir Mohideen for R1 and R3

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2.According to the petitioners that they have been working as contract labour in the Tamil Nadu Electricity Board from the year 1990. As their services were not regularised, they filed a case against the 3rd respondent in Pa.Mu.No.2844/2012 before the Inspector of Labour, Krishnagiri to regularise their service. 3.The petitioner would further submit that the Inspector of Labour, Krishnagiri passed an order on 07.03.2014 directing the respondents 2 and 3 to regularise their service. Despite the order of Labour Court, the respondents refused to implement the order. Therefore, the petitioners made a representation dated 18.11.2015 to the respondents to regularise their service. Since, it was not yet considered till date they filed the present writ petition.

4.Heard the submissions of Mr.K.Sasindran, learned counsel appearing for the petitioner and Mr.Fakir Mohideen, learned counsel appearing for the respondents who accepts notice on behalf of the respondents.

5.This Court, taking into consideration the limited scope of prayer sought for by the petitioners and without going into the merits of the same, directs the third respondent to consider and dispose of the petitioner's representation dated 18.11.2015 and to pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. 6.The Writ Petition is disposed of accordingly. No costs. tsh -s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.The Chairman-cum-Managing Director Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai-2.

2.The Chief Engineer Personnel Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai-2.

3.The Superintending Engineer Dharmapuri Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Dharmapuri District.

4.The Director National Commission for Schedule Caste and Schedule Tribes, II Floor V Division Shastri Bhavan, Chennai-6.

+ 1 cc to Mr.K.Sasindran, Advocate SR 65803 + 1 cc to Mr.M.Fakkir Mohideen Advocate SR 66070 jp(co) prk16/12 W.P.No.38592 of 2015