S.Gokulraj v. The Joint Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.23901 of 2023 and W.M.P.No.23411 of 2023 S.Gokulraj
...Petitioner
Vs.
1.The Joint Managing Director Tamil Nadu Co-operative Milk Producers Federation Ltd Plot Nos.29 and 30, Industrial Estate Ambattur, Chennai - 600098.
2.The General Manager Tamil Nadu Co-operative Milk Producers Federation Ltd Dairy Cum Powder Plant, Ammapalayam, Thiruvannamalai.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records culminating in issuance of impugned notice published in www.aavinmilk.com and www.tenders.tn.gov.in issued by the first respondent calling for packing of Ghee in various packing on piece rate basis for one year 2023 - 2024 at Dairy cum Powder Plant Ammapalayam Thiruvannamalai, quash the same. 1/6
For Petitioner : Mr.N.Alagu Narayanan for M/s.RRN Legal For Respondents : Mr.I.John Arockia Das Standing Counsel
O R D E R
The Petitioner herein filed this writ petition challenging the auction notice issued by the first respondent, calling for tenders for packing of Ghee in various packing on piece rate basis for one year 2023 - 2024 at Dairy cum Powder Plant in Ammapalayam Thiruvannamalai.
2. It is the case of the petitioner that he joined as casual labour in the second respondent unit on 01.02.2015 and his co-employees had approached the Deputy Director, Industrial Safety and Health Department Thiruvannamalai, for regularization of their services in I.D.No.1 of 2018 and I.D.No.1 of 2019. The said authority has allowed the claim made by similarly placed employees and directed the respondents to regularize their services in the second respondent unit. It is also stated that the same was challenged before this Court in W.P.No.25642 of 2021 and the order for regularization granted by the said authority has not been stayed by this Court. Now, the first 2/6
respondent has issued a tender notification for selecting contractors for packing of Ghee on piece rate basis for one year 2023 - 2024.
3. The learned counsel for the petitioner submits that when there is a specific direction to the respondents to regularize the services of the employees, who are similarly placed as the petitioner, the respondents ought not to have called for tender for selecting contractors. If the respondents are allowed to proceed with the finalization of the tender and contractor is selected, it will prejudice the petitioner's employment.
4. Mr.I.John Arockia Das, learned Standing Counsel, who takes notice for the respondents 1 and 2, on instructions, submitted that the order passed by the Deputy Director, the Industrial Safety and Health Department Thiruvannamalai, was challenged before this Court in WP.Nos.25636 and 25642 of 2021 and this Court was pleased to grant interim stay of the operation of the order. Therefore, the petitioner cannot take shelter under the order passed by the said authority granting regularization in favour of the co-employees of the petitioner.
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5. The learned counsel also produced the copy of the stay order passed in WMP.Nos.27067 and 27075 of 2021 in W.P.Nos. 25636 and 25642 of 2021, wherein order granting regularization in favour of co-employees was already stayed. Hence, there is no impediment for the respondents to proceed with the impugned auction notice for selection of contractors. Therefore, the petitioner is not entitled to maintain this Writ Petition challenging the impugned auction. Further this petitioner has not moved Competent Authority seeking regularisation of his services. The regularisation order passed in favour of his co-employees was stayed by this Court. Hence, the Writ Petition is liable to be dismissed.
6. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 14.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 4/6
To 1.The Joint Managing Director Tamil Nadu Co-operative Milk Producers Federation Ltd Plot no. 29 and 30, Industrial Estate Ambattur, Chennai - 600098.
2.The General Manager Tamil Nadu Co-operative Milk Producers Federation Ltd Dairy Cum Powder Plant, Ammapalayam, Thiruvannamalai.
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S.SOUNTHAR , J.
dna W.P No.23901 of 2023 and W.M.P.No.23411 of 2023 14.08.2023 6/6