K.Pugalendhi v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE N. MALA K.Pugalendhi, (CR7516) (S2C120237) S/o. Krishnamoorthi, Bandarahalli Post, Pannandur Village, Palacode Taluk, Dharmapuri District.
Petitioner(s) Vs
1. The Managing Director, The Tamilnadu State Transport Corporation (Salem) Ltd, No.12, Ramakrishnan Road, Salem.
2.The General Manager, The Tamilnadu State Transport Corporation (Salem) Ltd, Dharmapuri Circle, Bharathipuram, Dharmapuri District.
3.The Assistant Commissioner of Labour (Enforcement), Authority under Tamilnadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981, Salem.
Respondent(s) Writ petition is filed under Article 226 of the Constitution of India, issue a 1/6
Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 08.04.2025 and 01.07.2025 based on the order passed in the 3 rd respondent in Na.Ka.No.A /2160/ 2012 dated 06.12.2018 and given all benefits.
For Petitioner(s):
Mr.P.Thirumalaivasan For Respondent(s):
Mr.K.Raja, Standing Counsel for R1 and R2 M/s.M.Jayanthy, Additional Government Pleader for R3
ORDER
The above writ petition is filed for issuance of a writ of mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 08.04.2025 and 01.07.2025, based on the order passed by the 3 rd respondent in Na.Ka.No.A /2160/ 2012 dated 06.12.2018, and to give all benefits.
2. The petitioner was a licensed driver and registered his name in the Employment Exchange for the post of Conductor. The petitioner received a call letter for recruitment for the post of Conductor in the Tamil Nadu State Transport Corporation, (Salem) Limited in the year 2007, through Employment Exchange. The petitioner participated in the recruitment process and was 2/6
selected to the post of Conductor. On 29.10.2007, the petitioner joined in Krishnagiri Branch, Hosur, as a temporary employee on a daily wages basis and after two years, he was made permanent on 01.12.2013. One Senthilkumar, who was appointed as driver and who was recruited in the same recruitment process as the petitioner, approached the 3 rd respondent, seeking permanent status as a workman as per Section 3 of the Tamilnadu Industrial Establishment (Conferment of Permanent Status) Act, 1981. The 3 rd respondent on 06.12.2018, granted permanent status to the drivers who filed for permanent status from the date of their appointment. The 1 st respondent aggrieved by the order of the 3 rd respondent, dated 06.12.2018, preferred writ petition in W.P.No.31897 of 2019, and the same was dismissed on 27.01.2022.
Thereafter, the 1 st respondent preferred an appeal before this Court, in W.A.No.2775 of 2012, and the same was also dismissed on 30.08.2023. Under the circumstances, the petitioner submitted a representation on 01.07.2025, to the respondents 1 and 2, to revise his date of conferment of permanent status in consonance with the order passed by the 3 rd respondent on 06.12.2018. The petitioner states that permanent status granted to him on 01.12.
be revised on par with similarly placed persons who had been given permanent status by the 3 rd respondent, vide order dated 06.12.2018. Since the petitioner's representation was not considered, the petitioner filed the above writ petition for the aforesaid relief.
3. Heard both the learned counsels and perused the records. With the consent of both the learned counsels the main writ petition is taken up for final disposal.
4. In view of the above facts and circumstances, and the limited prayer in the writ petition, without going into the merits of the case, a direction is issued to the 1 st respondent to consider the petitioner's representation dated 08.04.2025, in the light of the order passed by the 3 rd respondent on 06.12.2018, and pass appropriate orders on merits and in accordance with law, within a period of six weeks, from the date of receipt of a copy of this order. Writ petition is accordingly disposed of. However, there shall be no order as to costs.
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To 1.The Managing Director, The Tamilnadu State Transport Corporation (Salem) Ltd, No.12, Ramakrishnan Road, Salem.
2.The General Manager, The Tamilnadu State Transport Corporation (Salem) Ltd, Dharmapuri Circle, Bharathipuram, Dharmapuri District.
3.The Assistant Commissioner of Labour, (Enforcement), Authority under Tamilnadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981, Salem.
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N.MALA J.
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