The Tamilnadu Medical Services Corporation Employees Welfare Union, v. Supriya Sahu, I.A.S.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2025
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR The Tamil Nadu Medical Services Corporation Employees Welfare Union, Represented by its President Mrs.G.Sumathi, No.17, Rajesh Nagar, Nehru Street, Narayanapuram, Chennai - 600 100.
... Petitioner Vs.
1. Supriya Sahu, I.A.S., Secretary, State of Tamil Nadu, Health & Family Welfare Department and Chairman, Tamil Nadu Medical Services Corporation Ltd., Fort St.George, Chennai - 600 009.
2. Mr.M.Aravind, I.A.S., The Managing Director, Tamil Nadu Medical Services Corporation Ltd., No.417, Pantheon Road, Egmore, Chennai - 600 008.
... Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents 1 and 2 consequently to punish the respondents 1 and 2 herein for non compliance and wilfully disobeying the order of the Hon'ble High Court in W.P.No. 15236 of 1998 and W.P.No. 17147 of 1998 final order dated 21.07.2000 and the same was confirmed by the Hon'ble Supreme Court Bench dated 17.05.2024 made in Civil Appeal No. 6512 of 2024 (Arising out of SLP (c) No. 2649 of 2020) and Civil Appeal No. 6511 of 2024 (arising out of SLP (c) No. 30005 of 2019) made in W.P.No. 15241
of 2009 and W.P.No. 17133 of 2001 dated 19.08.2019 for committing contempt of court.
For Petitioner : Mr.K.R.A.Muthukirushnan For R1 : Mr.K.Tippu Sultan For R2 : Mr.AR.L.Sundaresan, Senior Counsel for Mr.V.M.Shivakumar & Suresh
O R D E R
This contempt petition has been filed alleging violation of the order dated 21.07.2000.
2. By the said order dated 21.07.2000, this court issued the following directions:-
19. Under these circumstances, I pass the following orders:-
1. The Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (Tamil Nadu Act 46 of 1981) is applicable to the second respondent Corporation;
2. The 'Inspector' having jurisdiction over the second respondent is directed to inspect and verify the records of the second respondent corporation and pass appropriate orders under Section 3 of the said Act with regard to the claim made by the members of the petitioner Union;
3. The 'Inspector' is also directed to consider the claim made by the petitioner Union regarding employment on Saturdays to the members of the
petitioner Union;
4. The 'Inspector' is further directed to determine the above referred questions within three months from the date of receipt of a copy of this order after affording an opportunity of being heard to both parties; and
5. Till an order is passed by the 'Inspector' as stated above, status quo as on date shall be maintained by both parties."
3. From the affidavit filed in support of the writ petition as well as from the material on record, it is noticed that in terms of the directions issued by this court, the Inspector of Labour has inspected the premises of the respondent/ Corporation and also passed an order in Pa-Mu.No.E/4600/2000 dated 31.03.2001 and the said order was put to challenge by the Tamil Nadu Medical Services Corporation before this court in W.P.No.17133 of 2001 and the said writ petition was also dismissed by a learned Division Bench of this court. In view of the same, the contention of the petitioner that the respondents have violated the order dated 21.07.2000 passed in W.P.No.15236 of 1998 cannot be accepted.
4. Accordingly, the contempt petition is closed. No costs.
skr 21.01.2025 Index : Yes / No Speaking order / Non-speaking order MUMMINENI SUDHEER KUMAR, J.
skr To
1. The Secretary, State of Tamil Nadu, Health & Family Welfare Department and Chairman, Tamil Nadu Medical Services Corporation Ltd., Fort St.George, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Medical Services Corporation Ltd., No.417, Pantheon Road, Egmore, Chennai - 600 008.
21.01.2025