Thavamani v. The Commissioner Of Sugars,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-02-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI THAVAMANI S/o.Duraisamy @ Sennappan, Kodiyur Village, Sugar Mill Post, Palacode Taluk, Dharmapuri District.

Petitioner Vs

1. The Commissioner Of Sugars, No. 690, 2nd Floor, Periyar Building, Anna Salai, Nandanam,Chennai -600 035.

2.The Managing Director, Dharmapuri District Co-operative Sugar Mill Ltd, Palacode, Dharmapuri District.

Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondents to continue the employment of the petitioner in the 2 nd respondent mill.

For Petitioner:

Mr.J. Pradeep For Respondents:

Mr.P.Karunanidhi, GA For R1 Mr.K.Surendran, AGP For R2 *****

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondents to continue the employment of the petitioner in the 2 nd respondent mill.

2. Mr.P.Karunanidhi, learned Government Advocate, accepts notice on st respondent and Mr.K.Surendran, learned Additional behalf of the 1 nd respondent. In view of Government Pleader, accepts notice on behalf of the 2 the consent expressed by the learned counsel for the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that, he was appointed as a Writer on 14.05.1996 and completed cooperative training and he was laid off on

13.11.2008. Thereafter, he raised an industrial dispute in I.D.No.219 of 2010 before the Labour Court, Salem, which resulted in an award for reinstatement without backwages and service benefits. Aggrieved by the denial of backwages and attendant benefits, he challenged the award in W.P.No.29678 of 2015. After the award of the Labour Court, he was reinstated into service, but given only seasonal employment, and this Court, by its order dated 22.07.2022, dismissed the writ petition granting liberty ot the petitioner to approach the respondents for absorption into the Sugar Mill. Despite completing 240 days of service in multiple years and despite court observations, the respondents have not taken steps to regularize the petitioner's service. Therefore, he made representations dated 25.12.2023 and 28.02.2024 before the respondents for regularization and consistent work, but the respondents failed to take any action. Hence, the petitioner filed this writ petition before this court.

4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondents to consider the representations of the

petitioner, dated 25.12.2023 and 28.02.2024, within a time frame that may be stipulated by this court.

5. Considering the limited request made by the learned counsel for the petitioner, this court, without going into the merits of the case, directs the respondents to consider the representations of the petitioner dated 25.12.2023 and 28.02.2024 on merits and in accordance with law and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

6. With the above direction, this writ petition is disposed of. No costs. 28-02-2025 Index:Yes/No Internet:Yes SP

To 1.The Commissioner of Sugars, No.690, 2 nd Floor, Periyar Building, Anna Salai, Nandanam,Chennai -600 035.

2.The Managing Director, Dharmapuri District Co-operative Sugar Mill Ltd, Palacode, Dharmapuri District.

M.DHANDAPANI J.

SP 28-02-2025