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Madras High CourtWP/2025/2021disposed of

S.Murugesan v. The Chairman

2024-07-02Honourable Dr Justice D.Nagarjun6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024

CORAM:

THE HONOURABLE Dr. JUSTICE D. NAGARJUN 1.S.Murugesan 2.G.Munusamy 3.R.Ravikumar 4.A.Jesintha Marry 5.Y.Nagabushanam 6.P.Paulmurugan 7.M.Shanmugam 8.K.Govindasamy 9.J.Sujatha 10.N.Thangavel 11.B.Marimuthu 12.S.Venkatesan 13.G.Anand 14.B.Sathishkumar 15.M.Venkatesan 16.M.Perumal 17.M.Viswanathan 18.G.Raji 19.T.Selvakumar 20.K.Tamilarasan 21.K.Lakshmi Devi 22.K.Kumar 23.C.Devaraj 24.P.Subramani ... Petitioners 1/6

Vs.

1.The Chairman Tamil Nadu Tourism Development Corporation Limited, Chennai 600 002.

2.The Managing Director T.T.D.C.Ltd., Chennai Pincode : 600 002.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to grant permanent status to the petitioners as per Section 3 (1) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and all the consequential benefits which flow from the benefit of conferment of permanent status.

For Petitioners : Mr.K.V.Shanmuganathan For Respondents : Mr.P.Raghunathan for M/s.T.S.Gopalan & Co

ORDER

This Writ Petition has been filed seeking for Writ of Mandamus, directing the respondents herein to grant permanent status to the petitioners as 2/6

per Section 3(1) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981.

2. During the course of hearing of both sides, the learned counsel for the respondent has brought to the notice of this Court that the petitioners instead of approaching the authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981, has directly filed a Writ Petition and thereby the Writ Petition is not maintainable.

3. The learned counsel for the petitioners has fairly conceded the same and submitted that liberty may be given to the petitioners to approach the appropriate authority and he would filed an application before the concerned authority under Tamil Nadu Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981. The same is recorded and permitted.

4. In view of the above, since alternative remedy is available under Tamil Nadu Industrial Establishments (Conferment of Permanent 3/6

Status of Workmen) Act, 1981, this Writ Petition is disposed of giving liberty to the petitioners to approach the appropriate authority under Tamil Nadu Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981, and on filing of such application, the authority is at liberty to decide the request of the petitioners by following due process including maintainability.

5. With the above directions, this Writ Petition is disposed of. No costs.

02.07.2024 Index : Yes / No Internet : Yes / No dna 4/6

To 1.The Chairman Tamil Nadu Tourism Development Corporation Limited, Chennai 600 002.

2.The Managing Director T.T.D.C.Ltd., Chennai Pincode : 600 002.

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Dr.D.NAGARJUN, J.

dna 02.07.2024 6/6