K.Loganathan, v. The Tamil Nadu Electricity

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.02.2016 Coram THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.344 of 2016 and W.M.P.No.245 of 2016 K.Loganathan

...Petitioner

Vs

1. The Tamil Nadu Electricity Generation and Distribution Corporation Ltd., (TANGEDCO) rep. by its Chairman, No.144, Anna Salai,Chennai - 600 002.

2. The Chief Engineer (Personnel) TANGEDCO, No.144, Anna Salai, Chennai - 600 002.

3. The Superintendent Engineer, TANGEDCO, Dindigul District, Dindigul.

4. The Inspector of Labour, Dindigul District, Dindigul.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to implement the order of the fourth respondent in Application No.E/4924 of 2001, dated 23.12.2002, passed under the provisions of Tamil Nadu Industrial and Establishments (Conferment of Permanent Status to Workmen) Act, 1981, and consequently, to direct the respondents 1 to 3 to absorb the petitioner in the first respondent-Corporation as permanent employee based on the representation submitted by the petitioner, dated 21.09.2015, with all consequential and other attendant benefits, within the time, that may be stipulated by this Court.

For Petitioner : Mr.G.Sankaran For Respondents 1 to 3 : Mrs.R.Varalakshmi Standing Counsel (TNEB) For Respondent -4 : Mr.R.M.Muthukumar Government Advocate

O R D E R

The petitioner has filed this Writ Petition seeking direction upon the respondents1 to 3 for implementation of the order passed by the fourth respondent, in Application No.E/4924 of 2001, dated 23.12.2002, under the provisions of Tamil Nadu Industrial and Establishments (Conferment of Permanent Status to Workmen) Act, 1981, and to absorb the petitioner in the first respondent-Corporation as permanent employee based on the petitioner's representation, dated 21.09.2015. 2.

Heard the learned counsel appearing for the petitioner. 3.

The learned Standing Counsel appearing for the respondent-Board submitted that, totally 94 employees have approached the fifth respondent, seeking conferment of permanent status, and after orders were passed, 69 employees were absorbed, and with regard to remaining 25 employees, the matter is pending consideration, since there is break in service. 4.

In any event, there is a representation pending before the Authority, and therefore, without going into the merits of the contentions raised by the petitioner, there will be a direction to the third respondent to consider the petitioner's representation, dated 21.09.2015, on merits and in accordance with law and pass a speaking order. The direction issued herein shall be complied with by the third respondent within a period of eight weeks from the date of receipt of a copy of this order.

5.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected W.M.P. is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sd

To

1. The Chairman, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personnel) TANGEDCO, No.144, Anna Salai, Chennai - 600 002.

3. The Superintendent Engineer, TANGEDCO, Dindigul District, Dindigul.

4. The Inspector of Labour, Dindigul District, Dindigul.

+ 1 cc to M/s. G. Sankaran, Advocate SR.7078 + 1 cc to Mrs. R. Varalakshmi, Advocate SR.7323 + 1 cc to Government Pleader Sr.7211 Writ Petition No.344 of 2016 CTK(CO) EU 17.02.16