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Madras High CourtWP/29434/2023disposed of

R.Uthirapathi v. The Tamilnadu Electricity Generation And

2023-10-17Honourable Mrs Justice R. Hemalatha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA R.Uthirapathi ... Petitioner in W.P.No.29434 of 2023 P.Rajesh ... Petitioner in W.P.No.29436 of 2023 Vs.

1.The Tamilnadu Electricity Generation & Distribution Corporation Ltd., Represented by the Chairman, No.144, Annasalai, Chennai - 2.

2.The Chief Engineer (Personnel) Tamilnadu Electricity Generation & Distribution Corporation Ltd., No.144, Annasalai, Chennai - 2.

3.The Superintending Engineer, The Tamilnadu Electricity Generation & Distribution Corporation Ltd., Cuddalore.

4.The Inspector of Labour, Cuddalore.

... Respondents in all WPs

Common Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to implement the order of the fourth respondent made in E/6532/06 dated 28.06.2007 under the provisions of the Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act 1981 and direct the respondents 1 to 3 to absorb the petitioner in the first respondent Corporation as a permanent employee. In all WPs:

For Petitioner : Mr.N.Suresh For RR1 to 3 : Mr.G.Ananda Krishnan COMMON ORDER These writ petitions are filed seeking a direction to the respondents 1 to 3 to implement the orders dated 28.06.2007 in E/6532/06 of the Labour Inspector passed under the Provisions of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 since the orders passed by the Labour Inspector though was challenged before this Court by the first respondent Corporation, it was dismissed by this Court and the Hon'ble Supreme

Court also confirmed the order of the Labour Inspector.

2. Mr.N.Suresh, learned counsel for the writ petitioners contended that though the SLP.Nos.7222-7312 of 2016 batch filed by the respondent Corporation before the Hon'ble Supreme Court were dismissed on 21.08.2018, the respondent Corporation did not consider the representation of the petitioners till date.

3. Mr.G.Ananda Krishnan, accepted notice on behalf of the respondent Corporation and drew the attention of this Court to the order of the Hon'ble Division Bench of this Court in W.A.Nos.2252, 2254, 2260, 2274, 2253, 2268, 2271, 2257, 2256 & 2276 of 2021 and contended that as per the directions given by the Division Bench the respondent Corporation may be directed to implement the orders passed by the Labour Inspector.

4.A perusal of the records shows that the Supreme Court though had dismissed the SLP.Nos.7222-7312 of 2016 batch on

21.08.2018 till date the respondent Corporation has not given effect to the orders passed by the Labour Inspector. In the circumstances, the respondent Corporation is directed to consider and pass appropriate orders in the light of the decisions made in W.P.Nos.29694 to 29696, 29964 to 29973 of 2010 within a period of three months from the date of receipt of a copy of this order.

5. Accordingly, these Writ Petitions stand disposed of. No costs.

17.10.2023 (3/3) Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

To 1.The Tamilnadu Electricity Generation & Distribution Corporation Ltd., Represented by the Chairman, No.144, Annasalai, Chennai - 2.

2.The Chief Engineer (Personnel) Tamilnadu Electricity Generation & Distribution Corporation Ltd., No.144, Annasalai, Chennai - 2.

3.The Superintending Engineer, The Tamilnadu Electricity Generation & Distribution Corporation Ltd., Cuddalore.

R. HEMALATHA, J.

mtl 17.10.2023