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Madras High CourtWP/19235/2022disposed of

Varadarajan v. The Management Of Perambalur

2025-06-25Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE P.DHANABAL and W.M.P.No.18511 of 2022 Varadarajan ... Petitioner Vs.

1.The Management of Perambalur Sugar Mills Ltd, Rep by its Chairman and Managing Director, Aavinillam, 2nd Floor, 3A, Pasumpon Muthuramalinganar Road, Nandanam, Chennai - 600 035.

2.The Chief Executive, Formerly Jawaharlal Nehru Sugar Mills, Perambalur Sugar Mills Ltd, Eraiyur, Veppanthattai Taluk, Perambalur District - 621 133.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 2nd respondent to regularized the petitioner's service and made permanent and should be given all the benefits at par with that of permanent workers to the petitioner as per the order E/286/13 dated 10.11.2014 passed by the Joint Director, Industrial Safety and Health, Tirchirappalli.

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For Petitioner : Mr.T.Ganesan For Respondents : Mr.E.P.Senniyangiri Government Advocate for R1 No Appearance for R2

O R D E R

This petition has been filed by the petitioner to direct the 2nd respondent to regularize the petitioner's service and made permanent worker as per the order E/286/13 dated 10.11.2014 passed by the Joint Director, Industrial Safety and Health, Tirchirappalli.

2. After service of notice to the respondents none appeared on behalf of the 2nd respondent, the name of the 2nd respondent is also printed in the cause list.

3. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as a temporary driver in the 2nd respondent company and thereafter he approached the concerned Authority under the 2/6

Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and the same was allowed. The 2nd respondent challenged the said Order through W.P.No.4015 of 2015 and the same was dismissed on 12.07.2016. Thereafter, the 2nd respondent preferred an appeal in W.A.No.1098 of 2016 and the same was also dismissed on 01.07.2019. Subsequently, the 2nd respondent preferred an appeal before the Hon'ble Supreme Court in Diary No.20277 of 2020 and the same was also dismissed on 27.11.2020. Even after, no order has been passed by the Authority, as per the Order E/286/13. Therefore, he prayed to allow this Writ Petition.

4. Heard the learned counsel for the petitioner and the learned Government Advocate for the 1st respondent and perused the materials available on records.

5. It is an admitted fact that the petitioner had already approached the competent authority in E/286/2013 dated 10.11.2014 and the same was allowed. When the matter went up to the Hon'ble Supreme Court, the Hon'ble Supreme Court also confirmed the order passed by the Joint Director, Industrial Safety and Health, Tirchirappalli. 3/6

6. Now, the petitioner filed this writ petition to direct the 2nd respondent to regularize the petitioner's service. Since already the competent authority had passed the order, it is the duty to the respondent to comply with the order passed by the Authority. However, due to non compliance of the order, the petitioner approached this Court. Since the order has been passed by the competent authority, this Court once again cannot pass any further orders. However, to meet the ends of justice, the respondents are directed to comply the order passed by the competent authority in order No.E/286/13 dated 10.11.2014. The respondents are directed to comply with the order within a period of two months from the date of receipt of a copy of this order. No costs.

7. This Writ Petition is disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is also closed. 25.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order 4/6

To 1.The Management of Perambalur Sugar Mills Ltd, Rep by its Chairman and Managing Director, Aavinillam, 2nd Floor, 3A, Pasumpon Muthuramalinganar Road, Nandanam, Chennai - 600 035.

2.The Chief Executive, Formerly Jawaharlal Nehru Sugar Mills, Perambalur Sugar Mills Ltd, Eraiyur, Veppanthattai Taluk, Perambalur District - 621 133.

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P.DHANABAL, J.

jas and W.M.P.No.18511 of 2022 25.06.2025 6/6