Indian National Engineering v. The Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Indian National Engineering Employee's Union Represented by its Secretary R.Kaliaperumal ... Petitioner Vs.

1.The Deputy Director Jawaharlal Institute of Post Graduate Medical Education and Research, Dhanvantri Nagar, Puducherry 605 006 2.The Assistant Vice President M/s.Security & Intelligence Services (India) Limited No.12, First Floor, Vivekananda Nagar, Villainur Main Road, Puducherry.

3.M/s.Orion Security Solution(P) Ltd.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to regularize the services of the members of petitioner union as security personnel. 1/4

For Petitioner : Ms.V.Srimathi For Respondents : Mr.M.T.Arunan for R1 Mr.M.Gnanasekar for R3 R2 - NRN

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the first respondent to regularize the services of the members of petitioner union as security personnel. 2.The learned counsel appearing for the petitioner submitted that the members of the petitioner union are employees of the JIPMER and have been working in the security department for more than a decade, however, instead of regularising their services, JIPMER has evolved a plan of outsourcing the security work to third parties. 3.If at all there is any scheme available for regularisation of service, the petitioner has to make representation for regularisation of service of its members or if its members have continuously worked for more than 480 days in two calender years, it is for the petitioner to avail remedy under the Conferment of Permanent Status to Workman Act, instead, the petitioner has filed this writ petition. 2/4

4.In view of the above, this writ petition is dismissed. However, liberty is granted to the petitioner to work out the remedy in the manner known to law. No costs.

28.08.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Deputy Director Jawaharlal Institute of Post Graduate Medical Education and Research, Dhanvantri Nagar, Puducherry 605 006 2.The Assistant Vice President M/s.Security & Intelligence Services (India) Limited No.12, First Floor, Vivekananda Nagar, Villainur Main Road, Puducherry.

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M.DHANDAPANI,J.

pri 28.08.2023 4/4