Barath Min Kazaga Thozhilalar v. Tangedco
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2015
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.9065 of 2015 & MP. No.1 of 2015 Barath Min Kazaga Thozhilalar Jana Sangam, Rep. by its General Secretary, K.P.Munuswamy, No.15, PSM Nagar, Papara Patti, Pennagaram Taluk, Dharmapuri District.
.. Petitioner
Versus
1. TANGEDCO, Rep. by its Chairman/Managing Director, No.144, Annasalai, Chennai-600 002.
2. The Chief Engineer(Personnel), TANGEDCO, No.144, Annasalai, Chennai-600 002.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to consider the qualified Mazdoor appointed under Regular Establishment post by proceedings dated 25.10.2012 to the post of helper and subsequent promotion. For Petitioner : Mr.M.Devaraj For Respondents : Ms.R.Varalakshmi
ORDER
The petitioner is an association and they seek for a direction upon the respondent-Board to consider the qualified Mazdoor appointed under Regular Establishment post by proceedings dated 25.10.2012.
2. At the very outset, it is to be pointed out that, such blanket relief cannot be granted, and no direction can be issued to the respondents, at the behest of an association. If, according to the concerned labourer, who is entitled for the benefits of certain orders passed by the Board, it is for the https://hcservices.ecourts.gov.in/hcservices/
concerned employee to approach the appropriate Forum under the Industrial Dispute Act. More particularly, when the petitioner themselves refer to the Board Proceedings No.22 dated 25.10.2012, which itself was a sequel to a settlement under Section 12(3) of the Industrial Dispute Act. Hence, the relief sought for cannot be granted. Accordingly this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.
ds/sd s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To
1. The Chairman/Managing Director, TANGEDCO, No.144, Annasalai, Chennai-600 002.
2. The Chief Engineer(Personnel), TANGEDCO, No.144, Annasalai, Chennai-600 002.
+ 1 cc to Mrs.R.Varalakshmi, Advocate SR 59609 ev(co) prk20/11 WP.No.9065 of 2015 https://hcservices.ecourts.gov.in/hcservices/