P.Venkatesan,S/O.Pandurangan v. The Tamilnadu Generation And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. NO. 18706 OF 2018 AND W.M.P. NO. 22058 OF 2018 P.Venkatesan ... Petitioner -vs1. The Tamilnadu Generation and Distribution Corporation Limited, Represented by its Chairman, Chennai-600 002.

2. The Chief Engineer (Personnel), The Tamilnadu Generation and Distribution Corporation Limited, Chennai-600 002.

3. The Superintending Engineer, The Tamilnadu Generation and Distribution Corporation Limited, Thiruvannamalai Electricity Distribution Circle, Thiruvannamalai.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Third Respondents to implement the Common Order dated 13.09.2010 in C.P. Nos. 67 to 72 of 2009, in my Petition C.P. No. 70 of 2009, C.P. Nos. 80 to 82 of 2009, C.P. No. 95 of 2009 and C.P. No. 96 of 2009 passed by the Learned Additional Labour Court, Vellore and thereby direct the First to Third Respondents to absorb the Petitioner in service as permanent employees in the First Respondent Corporation, with all attendant benefits.

For Petitioner :

Mr. S.Ambigapathi For Respondents:

Mr. Anand Gopalan for M/S. T.S.Gopalan and Co.

O R D E R

Heard Mr. S.Ambigapathi, Learned Counsel for the Petitioner and Mr. Anand Gopalan, Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the First to Third Respondents to implement the common order dated 13.09.2010 in C.P. Nos. 67 to 72, 80 to 82, 95 and 96 of 2009 passed by the Learned Additional Labour Court, Vellore and thereby direct the Respondents to absorb the Petitioner in service as permanent employees in the Corporation of the First Respondent with all attendant benefits payable to him. 3.

It is brought to notice by Learned Counsel for the Respondents that the Respondents have challenged the said order dated 13.09.2010 in C.P. Nos. 67 to 72, 80 to 82, 95 and 96 of 2009 in the Writ Petition in W.P. No. 19182 of 2014 which is pending before this Court. In such circumstances, Learned Counsel for the Petitioner seeks permission of the Court to withdraw this Writ Petition without prejudice to the rights of the Petitioner to support the said order and depending upon its outcome, work out his rights for necessary relief before proper forum in the manner recognized by law. He has also made an endorsement to that effect in the Court record. 4.

In fine, the Writ Petition is dismissed as withdrawn accepting the said clarification made. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gd To

1. The Chairman, Tamilnadu Generation and Distribution Corporation Limited, Chennai - 600 002.

2. The Chief Engineer (Personnel), Tamilnadu Generation and Distribution Corporation Limited, Chennai-600 002.

3. The Superintending Engineer, The Tamilnadu Generation and Distribution Corporation Limited, Thiruvannamalai Electricity Distribution Circle, Thiruvannamalai.

+1cc to Mr. S.Ambigapathi, Advocate, S.R.No.21663 +1cc to M/S. T.S.Gopalan, Advocate, S.R.No.21600 W.P. No. 18706 of 2018 SKM(CO) PM/13/04/2022