Contract Labour Welfare v. T.N.E.B.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06-01-2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.22563 OF 2003 Contract Labour Welfare Association Hydro Generation Kundah, The Nilgiris, Regd.No.71/2003, represented by its General Secretary, M.Muthuraja Kumar ... Petitioner -Vs1. Tamil Nadu Electricity Board, represented by its Chairman, Door No.800, Anna Salai,

2. The Chief Engineer (Personnel), Door No.800, Anna Salai,

3. The Superintending Engineer, Kundah Generation Circle, The Nilagiris District-643 219.

4. The Member (Generation), Chennai-2.

... Respondents Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to B.P.3, dated 29.01.2001 of first respondent and consequential order of second respondent in Memo No.039628/G58/G581/99-25, dated 03.02.2001, in so far as it related to denial of absorption to 349 petitioners and consequently direct the respondents to absorb the petitioners w.e.f. 01.05.1999, with all attendant benefits.

For petitioner : Mr.P.Chandrasekaran For respondents : Mr.P.R.Dhilip Kumar

O R D E R

It is represented on behalf of the learned counsel for the petitioner, that the counsel for the petitioner has addressed a letter to the writ petitioner-association, and they are yet to receive a reply.

2. Learned counsel for the respondents, on instructions, has submitted, that the issue involved in this Writ Petition is, denial of absorption into service to 349 persons, who are members of the petitioner association, and during the pendency of the Writ Petition, several of them have already been absorbed; and that the present position needs to be ascertained.

3. In any event, the petitioner association has not challenged the Board's Proceedings, dated 29.01.2001, and, therefore, if there are any other persons, who are yet to be absorbed, those persons can approach this Court, seeking for such absorption.

4. With the above liberty and observation, this Writ Petition is closed. No costs. Consequently, the connected W.P.M.P.No.27924 of 2003 is also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar dixit To

1. The Chairman, Door No.800, Anna Salai,

2. The Chief Engineer (Personnel), Door No.800, Anna Salai,

3. The Superintending Engineer, Kundah Generation Circle, The Nilagiris District-643 219.

4. The Member (Generation), Chennai-2.

+1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No.1338 +1cc to Mr.P.Chandrasekaran, Advocate, S.R.No.1484 W.P.No.22563 OF 2003 PPA(CO) CA(28/01/2016)