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Madras High CourtWP/24638/2025disposed of

R.Ramesh v. The Management

2025-07-08Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-07-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

1. R.Ramesh S/o.Raju Petitioner(s) Vs

1. The Management The Nilgiris District Central Cooperative Bank, Rep. By Its Managing Director, Udhagamandalam.

2.The Inspector Of Labour Coonoor, The Nilgiris.

Respondent(s) PRAYER Directing the 2 nd respondent to take necessary and appropriate action to implement his order dated 10.03.2025 in Na.Ka. No.939 of 2013 in respect of providing permanent status for the petitioner's appointment by providing all the attendant benefits with effect from 31.12.2005 within time stipulated by this Court.

For Petitioner(s):

M/s. A.Ilayaperumal For Respondent(s):

Mr.K.Tamilvanan, Govt.Advocate For R1 and R2

ORDER

This writ petition has been filed directing the 2 nd respondent to take necessary and appropriate action to implement the order dated 10.03.2025 in Na.Ka.No.939 of 2013 in respect of providing permanent status for the petitioner's appointment by providing all the attendant benefits with effect from 31.12.2005.

2. Learned counsel for the petitioner would submit that the 2 nd respondent has passed an order on 10.03.2025 confirming the permanent status to the petitioner and against which, the 1 st respondent preferred a writ petition in W.P.No.5976 of 2014, wherein this Court vide order dated 08.06.2022 rejected the petitioner's claim and confirmed the order of the 2 nd respondent. It is further submitted that, having the 2 nd respondent confirmed the permanent status of the petitioner, the 1 st respondent is not initiating any action to regularise him. Hence, he has sent a representation on 20.09.2024 and such representation is pending with the 1 st respondent.

3. The very submissions made by the learned counsel for the petitioner flows from the order of the authority passed under the Tamil Nadu Industrial

Establishments (Conferment of Permanent Status to workman) Act, 1981 (hereinafter referred to as 'Act'). The main grievance of the petitioner is that the order passed under the said Act has not been complied by the 1 st respondent.

4. At this juncture, this Court deems it appropriate to refer Section 6 of the above Act, "6. Penalties.- (1) Every employer who contravenes the provisions of section 3 shall be punishable with fine which may extend to five thousand rupees and in the case of continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.

1 [(2) Every employer who contravenes the provisions of any rule made under section 10 shall be punishable, for a first offence, with fine which may extend to five hundred rupees, and for a subsequent offence, with fine which may extend to one thousand rupees) ] 2 [(3)] No prosecution for an offence punishable under the section shall be instituted except with the previous sanction of the prescribed authority*."

5. According to the above Section, if an employer contravenes the provisions of the confirmation of status shall be punishable with fine which may extend to five thousand rupees and in the case of continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.

6. Therefore, the petitioner has got remedy to execute the order of the 1 st respondent by filing appropriate application under Section 6 of the said Act. Hence, this Court do not find any merits to pass any mandamus against the 1 st respondent, and the petitioner is given liberty to approach the authority concerned by filing appropriate application. If such application is filed, the concerned authority is directed to dispose of the same within a period of three months from the date of receipt of a copy of this order.

7. Accordingly, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 08-07-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Management The Nilgiris District Central Cooperative Bank, Rep. By Its Managing Director, Udhagamandalam.

2.The Inspector Of Labour Coonoor, The Nilgiris.

C.KUMARAPPAN J.

gd 08-07-2025