R.Mangalanathan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
1. R.Mangalanathan ... Petitioner in W.P.No.1302 of 2014
2. S.Thillaisekar ... Petitioner in W.P.No.1303 of 2014
3. J.Jaiganesh Kumar ... Petitioner in W.P.No.1304 of 2014 -Vs1. The Chairman, TANGEDCO (TNEB), 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600 002.
2. The Chief Engineer (Personnel), 8th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600 002.
3. The Chief Engineer (Gas Turbine Scheme), 5th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600 002.
4. The Superintending Engineer, Valuthur Gas Turbine Power Station, Valantharavai (Post), Ramanathapuram-623 536.
... Respondents in all W.Ps
Prayer in W.P.Nos.1302 and 1304 of 2014:- Writ Petitions filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to consider and dispose of the petitioners' representation dated 31.12.2013 as the petitioners having been declared as accomplished Contract Labourer under Section 3 (i) of The Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 as per the proceedings in File No.E/1797/II/2013 dated 02.12.2013 of The Joint Director of Industrial Safety and Health, Madurai and Competent Authority. Prayer in W.P.No.1303 of 2014:- Writ Petitions filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to consider and dispose of the petitioner's representation dated 31.12.
2013 as the petitioner having been declared as accomplished Contract Labourer under Section 3 (i) of The Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 as per the proceedings in File No.E/1797/II/2013 dated 01.12.2013 of The Joint Director of Industrial Safety and Health, Madurai and Competent Authority.
In all W.Ps For Petitioners : No appearance For Respondents : Mr.K.Rajkumar
COMMON ORDER These Writ Petitions have been filed for direction directing the respondents to consider the representation of the petitioners dated 31.12.2013.
2. There is no representation on behalf of the petitioners. Heard the learned counsel for the respondents.
3. The petitioners were working as Contract Labourers under the fourth respondent, since 2006. They had applied under Section 3(i) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 before the competent authority viz., The Joint Director of Industries Safety and Health, Madurai. On receipt of the same, the authority concerned has also passed the order of conferment of permanent statue on the petitioners. Therefore, they are claiming that they are entitled to be regularized as permanent cadre in any one of the posts befitting their qualification. However, the vacancies were filled up by the Electricity Board. However, the case of the petitioners was not considered and as such, they submitted representations.
4. Considering the above facts and circumstances of the case, the petitioners are directed to submit a fresh representation, if so advised. On receipt of the same, the respondents are directed to consider the same and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above directions, these writ petitions are disposed of. No costs.
24.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn
To
1. The Chairman, TANGEDCO (TNEB), 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600 002.
2. The Chief Engineer (Personnel), 8th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600 002.
3. The Chief Engineer (Gas Turbine Scheme), 5th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600 002.
4. The Superintending Engineer, Valuthur Gas Turbine Power Station, Valantharavai (Post), Ramanathapuram-623 536.
G.K.ILANTHIRAIYAN, J.
mn 24.08.2023