S.Ponnuswamy, v. B.Kotteeswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Thirtieth day of July Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE V. PARTHIBAN WMP Nos.20542, 18243 AND 15516 of 2019 IN WP.15623/2019 1 S.PONNUSWAMY, [ PETITIONERS IN WMP No.20542 OF 2019] S/O. SUBBAIAH, IN WP.15623/2019 JOINT COMMISSIONER OF LABOUR - II, DMS COMPLEX, CHENNAI-6 2 T.TAMILARASI W/O. R.SIVARAMAN, JOINT COMMISSIONER OF LABORU (MW), DMS COMPLEX, CHENNAI-6 3 M.SHANTHI, W/O. U.LAKSHMIKANTHAN, JOINT COMISSIONER OF LABOUR (SPL), O/O. COMMISSIONER OF LABOUR, DMS COMPLEX, CHENNAI-6.

1 N.K.DHANABLAN [ PETITIONERS IN WMP No.18243 OF 2019 ] LABOUR WELFARE OFFICER, CHENNAI IN WP.15623/2019 2 G.RAMU ASSISTANT COMMISSIONEROF LABOUR (E) VILLUPURAM, NO 35, PADMINI NAGAR VILLIANUR PUDUCHERRY- 607002 3 U. RAMARAJ ASSISTANT COMMISSIONER OF LABOUR(E), KARUR, NO 23/6, MGR NAGAR PALANI- 624601 4 K. PALANI ASSISTANT COMMISSIONER OF LABOUR (E)- II CHENNAI NO 13C/1, NEW STREET COMMIGSPET TIRPAPAPPULIYUR,CUDDALORE-607002 5 J. KALIDOSS ASSISTANT COMMISSIONER OF LABOUR (E) MADURAI 595, GNANAGIRI ROAD SIVAKASI

6 A. VALARMATHI ASSISTANT COMMISSIONER LABOUR(E), THIRUVALLUR LALBAHADHUR SHASTRI STREET, PERIYAKUPPAM, TIRUVALLUR 7 S. VETRISELVI ASSISTANT COMMISSIONER OF LABOUR (C) -I CHENNAI, NO. 1, WJW BLOCK LLOYDS COLONY, ROYAPETTAH CHENNAI-14 8 M. MANIGEMALAI ASSISTANT COMMISSIONER OF LABOUR (E) - III, CHENNAI, NO. 360, 12TH CROSS STREET T. P.

CHATHIRAM, KILPAUK GARDEN CHENNAI-10 9 L.KANNAGI, ASSISTANT COMMISSIONER OF LABOUR (C) - II, KURALAGAM, CHENNAI 1 10 D.GNANAVEL, ASSISTANT COMMISSIONER OF LABOUR (E), KRISHNAGIRI, 25, OLD MOSQUE STREET, CHEYYAR 11 E.VENKATESAN, ASSISTANT COMMISSIONER OF LABOUR (C), CUDDALORE, NO. 99/ 13A, NORTH MADA STREET, THIRUVOTTIYUR, CHENNAI - 600019 12 R.RAJKUMAR, ASSISTANT COMMISSIONER OF LABOUR (SSS), THENI, NEW NO. 45, OLD NO. 25, LAKE VIEW GARDEN 2ND STREET, K.K.NAGAR, MADURAI - 20 13 S.PREMA, ASSISTANT COMMISSIONER OF LABOUR (C), TIRUPPUR, NO. R.28-B, KOVAIPUDUR, COIMBATORE - 43 14 A.SANBEGARAMAN, ASSISTANT COMMISSIONER OF LABOUR (C)-I, VELLORE, NO. 12, ROYAL KUTTAI STREET, KANCHEEPURAM - 631502 15 S.MYVILISELVI, ASSISTANT COMMISSIONER OF LABOUR (E), SIVAGANGAI, NO. 270, II FLOOR, LIC COLONY, K. K.NAGAR, MADURAI 16 O.JANAKIRAM, ASSISTANT COMMISSIONER OF LABOUR (C)-III, CHENNAI, 10 SECOND LANE, ANJANEYA NAGR, ROYAPURAM, CHENNAI - 13

17 K.CHENTHILKUMARAN, INSPECTOR OF LABOUR - TIRUVARUR, NO. 7/ 10 VEERAREDDYPALAYAM, USSOOR POST, VELLORE 18 P.RAMAKRISHNAN, ASSISTANT COMMISSIONER OF LABOUR (E), THIRUNELVELI, NO. 86, VIJALAKSHMI STREET, KAMARAJ NAGAR, PERUNGALATHUR, CHENNAI - 63 19 R.JAISANKAR, ASSISTANT COMMISSIONER OF LABOUR (SSS), VANIYAMBADI, NO. 14, THIRUMURUGAN NAGAR, PANAPAKKAM POST, ARAKKONAM (TK), VELLORE - 631052 20 P.SHOBANA, ASSISTANT COMMISSIONER OF LABOUR (SSS), PONNERI 21 K.THIRUVALLUVAN, ASSISTANT COMMISSIONER OF LABOUR (E), VIRUDHUNGAR 1 B.KOTTEESWARI [ PETITIONER IN WMP.NO.15516 OF 2019] W/O.G.SIVAKUMAR B-2 AISHWARYA LAKSHMI IN WP.15623/2019 APARTMENT, M.G.ROAD SALEM-16 Vs 1 B.KOTTEESWARI [ RESPONDENTS IN WMP.NO.20542 OF 2019 ] W/O. G.SIVAKUMAR, B-2, AISHWARYA LAKSHMI IN WP.15623/2019 APARTMENT, M.G. ROAD, SALEM-6.

2 STATE OF TAMIL NADU, REP. BY ITTS SECRETARY, LABOUR AND EMPLOYMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI-600009.

3 THE COMMISSIONER OF LABOUR DMS COMPOUND, TEYNAMPET CHENNAI-18 4 THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, SECRETARIAT CHENNAI-9 5 THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, CHENNAI-2 6 N.K.DHANABALAN LABOUR WELFARE OFFICER, CHENNAI

7 G.RAMU ASSISTANT COMMISSIONEROF LABOUR (E) VILLUPURAM,NO 35, PADMINI NAGAR VILLIANUR PUDUCHERRY- 607002 8 U. RAMARAJ ASSISTANT COMMISSIONER OF LABOUR(E), KARUR, NO 23/6, MGR NAGAR PALANI- 624601 9 K. PALANI ASSISTANT COMMISSIONER OF LABOUR (E)- II CHENNAI NO 13C/1, NEW STREET COMMIGSPET TIRPAPAPPULIYUR, CUDDALORE-607002 10 J. KALIDOSS ASSISTANT COMMISSIONER OF LABOUR (E) MADURAI 595, GNANAGIRI ROAD SIVAKASI 11 A. VALARMATHI ASSISTANT COMMISSIONER LABOUR (E), THIRUVALLUR LALBAHADHUR SHASTRI STREET, PERIYAKUPPAM, TIRUVALLUR 12 S. VETRISELVI ASSISTANT COMMISSIONER OF LABOUR (C) -I CHENNAI, NO. 1, WJW BLOCK LLOYDS COLONY, ROYAPETTAH CHENNAI-14 13 M. MANIGEMALAI ASSISTANT COMMISSIONER OF LABOUR (E) - III, CHENNAI, NO. 360, 12TH CROSS STREET T. P.

CHATHIRAM, KILPAUK GARDEN CHENNAI-10 14 L.KANNAGI, ASSISTANT COMMISSIONER OF LABOUR (C) - II, KURALAGAM, CHENNAI 1 15 S.RAJENDIRAN, (SINCE RETIRED ), P.NO. 16, 4/ 476 A, ARUN NAGAR, NAGAMALAI, PUDHUKOTTAI, MADURAI - 625019 16 D.GNANAVEL, ASSISTANT COMMISSIONER OF LABOUR (E), KRISHNAGIRI, 25, OLD MOSQUE STREET, CHEYYAR 17 E.VENKATESAN, ASSISTANT COMMISSIONER OF LABOUR (C), CUDDALORE, NO. 99/ 13A, NORTH MADA STREET, THIRUVOTTIYUR, CHENNAI - 600019

18 R.RAJKUMAR, ASSISTANT COMMISSIONER OF LABOUR (SSS), THENI, NEW NO. 45, OLD NO. 25, LAKE VIEW GARDEN 2ND STREET, K.K.NAGAR, MADURAI - 20 19 S.PREMA, ASSISTANT COMMISSIONER OF LABOUR (C), TIRUPPUR, NO. R.28-B, KOVAIPUDUR, COIMBATORE - 43 20 A.SANBEGARAMAN, ASSISTANT COMMISSIONER OF LABOUR (C)-I, VELLORE, NO. 12, ROYAL KUTTAI STREET, KANCHEEPURAM - 631502 21 S.MYVILISELVI, ASSISTANT COMMISSIONER OF LABOUR (E), SIVAGANGAI, NO. 270, II FLOOR, LIC COLONY, K. K.NAGAR, MADURAI 22 O.JANAKIRAM, ASSISTANT COMMISSIONER OF LABOUR (C)-III, CHENNAI, 10 SECOND LANE, ANJANEYA NAGR, ROYAPURAM, CHENNAI - 13 23 K.CHENTHILKUMARAN, INSPECTOR OF LABOUR - TIRUVARUR, NO. 7/ 10 VEERAREDDYPALAYAM, USSOOR POST, VELLORE 24 P.RAMAKRISHNAN, ASSISTANT COMMISSIONER OF LABOUR (E), THIRUNELVELI, NO.

86, VIJALAKSHMI STREET, KAMARAJ NAGAR, PERUNGALATHUR, CHENNAI - 63 25 D.LAKSHMINARAYANAN, ASSISTANT COMMISSIONER OF LABOUR (E), (UNDER SUSPENSION), 736, RAMAMOORTHI NAGR, PUTHUMARIAMMANKOIL PO, SLAEM - 636003 26 R.JAISANKAR, ASSISTANT COMMISSIONER OF LABOUR (SSS), VANIYAMBADI, NO. 14, THIRUMURUGAN NAGAR, PANAPAKKAM POST, ARAKKONAM (TK), VELLORE - 631052 27 P.SHOBANA, ASSISTANT COMMISSIONER OF LABOUR (SSS), PONNERI 28 K.THIRUVALLUVAN, ASSISTANT COMMISSIONER OF LABOUR (E), VIRUDHUNGAR 1 B.KOTTEESWARI [ RESPONDENTS IN WMP.NO.18243 OF 2019 ] W/O.G.SIVAKUMAR B-2 AISHWARYA LAKSHMI IN WP.15623/2019 APARTMENT, M.G.

2 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY, LABOUR AND EMPLOYMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI - 9 3 THE COMMISSIONER OF LABOUR DMS COMPOUND, TEYNAMPET CHENNAI-18 4 THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, CHENNAI-2 5 THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, SECRETARIAT CHENNAI-9 6 S.RAJENDIRAN, (SINCE RETIRED ), P.NO. 16, 4/ 476 A, ARUN NAGAR, NAGAMALAI, PUDHUKOTTAI, MADURAI - 625019 7 D.LAKSHMINARAYANAN, ASSISTANT COMMISSIONER OF LABOUR (E), (UNDER SUSPENSION), 736, RAMAMOORTHI NAGR, PUTHUMARIAMMANKOIL PO, SLAEM - 636003 1 THE STATE OF TAMILNADU [ RESPONDENTS IN WMP.NO.15516 OF 2019] REP BY ITS SECRETARY, LABOUR AND EMPLOYMENT IN WP.15623/2019 DEPARTMENT, FORT.ST.

GEORGE CHENNAI-9 2 THE COMMISIONER OF LABOUR DMS COMPOUND, TEYNAMPET CHENNAI-18 3 THE SECRETARY TAMIL NADU PUBLIC SERVICE COMMISSION CHENNAI-2 4 THE PRINCIPAL SECRETARY PERSONNAL AND ADMINISTRATIVE REFORMS DEPARTMENT SECRETARIAT CHENNAI-9 5 N.K.BHANABLAN LABOUR WELFARE OFFICER, CHENNAI 6 G.RAMU ASSISTANT COMMISSIONER OF LABOUR VILLUPURAM NO 35, PADMINI NAGAR, VILLIANUR PONDIHCHERRY-607002 7 U.

8 K.PALANI ASST COMMISSIONER OF LAOBUR (E)- II CHENNAI, NO 13-C/1, NEW STREET COMMIGSPET, TIRPAPPULIYUR CUDDALORE- 607002 9 J.KALIDOSS ASSISTANT COMMISSIONER OF LABOUR(E) MADURAI, 595, GNANAGIRI ROAD SIVAKASI 10 A. VALARMATHI ASSISTANT COMMISSIONER OF LABOUR (E) THIRUVALLUR, LALBAHADHUR SHASTRI STREET, PERIYAKUPPAM TIRUVALLUR 11 S.VETRISELVI ASSISTANT COMMISSIONER OF LABOUR(C)-I CHENNAI NO 1, WJW BLOCK, LLOYDS COLONY, ROYAPETTAH CHENNAI-14 12 M.MANIGEGALAI ASSISTANT COMMISSIONER OF LABOUR (E)- III, CHENNAI NO 360, 12TH CROSS STREET, T.P.

CHATHIRAM KILPAUK GARDEN, CHENNAI-10 13 L.KANNAGI ASSISTANT COMMISSI ONER, OF LABOUR (C)- II KURALAGAM CHENNAI-1 14 S. RAJENDIRAN (SINCE RETIRED) POST NO 16, 4/476, A.ARUN NAGAR NAGAMALAI PUDUKOTTAI MADURAI- 625019 15 D. GNANAVEL ASSISTANT COMMISSIONER OF LABOUR (E) KRISHNAGIRI, 25, OLD MOSQUE STREET, CHEYYAR 16 E.VENKATESAN ASSISTANT COMMISSIONER OF LABOUR (C) CUDDALORE, NO 99/13-A, NORTH MADA STREET THIRUVOTTIYUR CHENNAI-19 17 R. RAJKUMAR ASSISTANT COMMISSIONER OF LABOUR (SSS) THENI NEW NO 45, OLD NO 25, LAKE VIEW GARDEN 2ND STREET K.K.NAGAR MADURAI-20 18 S.PREMA ASSISTANT COMMISSIONER OF LABOUR(C) TIRUPPUR NO R-28- B KOVAI PUDUR, COIMBATOE-43

19 A. SANBEGARAMAN ASSISTANT COMMISSIONER OF LABOUR(C)- I, VELLORE NO 12, ROYAL KUTTAI STREET, KANCHEEPURAM- 631502 20 O. JANAKIRAN ASSISTANT COMMISSIONER OF LABOUR (C) - III CHENNAI, 10, SECOND LANE ANJANEYA NAGAR, ROYAPURAM CHENNAI-13 21 O. JANAKIRAM ASSISTANT COMMISSIONER OF LABOUR(C)- III CHENNAI 10, SECOND LANE ANJANEYA NAGAR ROYAPURAM, CHENNAI-13 22 K. CHENTHILKUMARAN INSPECTOR OF LABOUR- TIRUVARUR NO 7/10, VEERAREDDYPALAYAM USSOOR POST, VELLORE 23 P. RAMAKRISHNAN ASSISTANT COMMISSIONER OF LABOUR (E) TIRUNEVELI NO 86, VIJALAKSHMI STREET, KAMARAJ NAGAR, PERUNGALATHUR CHENNAI-63 24 D. LAKSHMINARAYANAN ASSISTANT COMMISSIONER OF LABOUR (E) (UNDER SUSPENSION) 736, RAMOORTHI NAGAR PUTHU MARIAMMAN KOIL POST SALEM- 636003 25 R. JAISANKAR ASSISTANT COMMISSIONER OF LABOUR (SSS) VANIYAMBADI, NO 14, THIRUMURUGAN NAGAR, PANAPAKKAM POST, ARAKKONAM TALUK VELLORE- 631052 26 P. SHOBANA ASSISTANT COMMISSIONER OF LABOUR (SSS) PONNERI 27 K.THIRUVALLUVAN ASSISTANT COMMISSIONER OF LABOUR(E) VIRUDHUNAGAR 28 S.PONNUSAMY, 29 T. TAMILARASI 30 M.SHANTHI.

R28 TO R30 ARE IMPLEADED VIDE ORDER DT.03/07/2019, MADE IN WMP.NO.18400 OF 2019 IN WP.NO.15623 OF 2019 BY VPNJ.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Modify the Interim Stay granted on 07.06.2019 in WMP No. 15516/2019 in WP No. 15623 of 2019 (IN WMP.NO.20542 OF 2019) Pending disposal of the above in WP.NO.15623 OF 2019. (II) To Vacate the Interim Stay dated 07.06.2019 made in WMP No. 15516 OF 2019 in WP No. 15623 of 2019 (IN WMP.NO.18243 OF 2019) Pending disposal of the above in WP.NO.15623 OF 2019 AND; (III) To stay the operation of the impugned order namely, the G.O.(MS) no 38 of labour and Employment (E1) department dated 9-42019, issued by the 1st Respondent IN WMP.NO.15516 OF 2019 Respectively.

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.SYED MUSTAFA R., Advocate in WMP.NO.20542 OF 2019 AND MR.VIJAY SHANKAR.V, ADVOCATE IN WMP.NO.18243 OF 2019 AND MR.G.MUTHARASU, ADVOCATE IN WMP.NO.15516 OF 2019 for the petitioner and Respondents in each the of the Petitioners and of MR.G. MUTHARASU FOR 1ST Respondents in WMP.NOS.20542, 18243 OF 2019 on behalf of the Respondents the court made the following order:- The challenge in the writ petition is to the inter se seniority of the direct recruits/promotees in the cadre of Labour Officer/redesignated as Assistant Commissioner of Labour. 2.While the writ petition came up for admission, stay has been granted in respect of the seniority list comprising several names of officers, who are likely to be promoted to the next higher grades as Deputy Commissioner, Joint Commissioner, Additional Commissioner, etc.

3.When the writ petition is posted for hearing today, the learned counsel Mr.Syed Mustafa R, appearing for the petitioners in W.M.P.No.20542 of 2019, would submit that the interim stay granted by this Court would affect the rights of his clients, who are impleaded as party respondents, viz., respondents 28 to 30, in the writ petition, and hence, he seeks to modify the order of stay granted in W.P.No.15623 of 2019 and W.M.P.No.15516 of 2019. 4.According to the learned counsel for the petitioners in W.M.P.No.20542 of 2019, the three petitioners herein are 1999 appointees and the dispute is in regard to 2012 appointees and the outcome in the writ petition is not going to affect the rights of these petitioners, who are far seniors to the rival claimants, who approached this Court for settlement of their seniority.

Commissioner of Labour is put on hold by the administration. Therefore, the learned counsel for the petitioners in W.M.P.No.20542 of 2019 seeks proper modification of the order passed by this Court on 07.06.2019 in W.P.No.15623 of 2019 and W.M.P.No.15516 of 2019.

5.At this, the learned counsel appearing for the writ petitioner fairly submits that the petitioners represented by Mr.Syed Mustafa R, are unlikely to be affected by the final orders to be passed in the writ petition.

6.In view of the above, the interim order of stay already granted by this Court, dated 07.06.2019 in W.P.No.15623 of 2019 and W.M.P.No.15516 of 2019 shall not operate so far as the claims of the petitioners in W.M.P.No.20542 of 2019 and their promotion shall be operated to the post of Additional Commissioner of Labour, if they are otherwise suitable for such promotion. 7.It is made clear that the interim stay already granted by this Court on 07.06.2019 in W.P.No.15623 of 2019 and W.M.P.No.15516 of 2019 shall hold good in respect of the rival claimants are concerned, except the petitioners in W.M.P.No.20542 of 2019 and the same is extended till the next date of hearing. Post the writ petition for final hearing on 13.08.2019 in the same position, along with connected W.P.Nos.29670 of 2015, 3171, 16924 and 14887 of 2019, 15973 of 2018 and 29670 of 2015, in view of the parties seeking urgent final orders of the Court. -sd/- 30/07/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY, STATE OF TAMIL NADU, LABOUR AND EMPLOYMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI-600009.

2 THE COMMISSIONER OF LABOUR DMS COMPOUND, TEYNAMPET CHENNAI-18 3 THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, SECRETARIAT CHENNAI-9 4 THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, CHENNAI-2

5 THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT FORT ST. GEORGE, CHENNAI-600 009.

C.C. to M/S.SYED MUSTAFA R. Advocate sr.no.9583 The Government Advocate, High Court, Madras - 104. Order in WMP Nos.20542, 18243 AND 15516 of 2019 IN WP.15623/2019 Date :30/07/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (06/08/2019) IT