P.Palanivel v. The Tamilnadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA P.Palanivel ... Petitioner 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.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in respect of the proceedings in No.07915/Adm.2/A2/F.WP.3595 of 2016/2017-3 dated 30.08.2017 and direct the respondents 1 to 3 to absorb
the petitioner in the first respondent corporation as permanent employee as Field Assistant/Helper.
For Petitioner : Mr.N.Suresh For Respondents : Mr.G.Ananda Krishnan
ORDER
Challenge in this writ petition is made to the communication sent by the Superintending Engineer, CEDC/Cuddalore in Letter No.07915/Adm.2/A2/F.WP.3595 of 2016/2017-3 dated 30.08.2017. 2.The present petitioner filed an application seeking a direction to the respondents 1 to 3 to implement the orders of the Labour Inspector passed under the Provisions of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. Though the orders passed by the Labour Inspector was challenged by the first respondent corporation, it was dismissed by this Court. The Hon'ble Supreme Court also confirmed the order of the Labour Inspector. In the meanwhile, the writ petitioner submitted a representation dated 16.02.2015 to the respondent corporation for implementing the orders
passed by the Labour Inspector. However, the Superintending Engineer, CEDC/Cuddalore in his orders dated 30.08.2017 had informed the writ petitioner that his representation is kept in abeyance pending orders passed by the Hon'ble Supreme Court in SLP.Nos.7222-7312 of 2016 batch.
3. Mr.N.Suresh, learned counsel for the writ petitioner 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 present petitioner till date. 4.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 direction given by the Division Bench the respondent corporation may be directed to implement the order passed by
the Labour Inspector.
5.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 the representation of the present writ petitioner as per the decision rendered by this Court within a period of three months from the date of receipt of a copy of this order. 6.Accordingly, the Writ Petition stands disposed of. No costs. 17.10.2023 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