Madras High CourtWP/32480/2018disposed of with direction

Tamil Nadu Electricity Board General Employees Union v. Tamil Nadu Electricity Generation And Distribution Corporation Ltd

2025-03-27Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Tamil Nadu Electricity Board General Employees Union Rep. by its General Secretary ... Petitioner Vs.

1.Tamil Nadu Electricity Generation and Distribution Corporation Limited Rep. by its Chairman cum Managing Director No.144, Anna Salai, Chennai 600 002.

2.The Chief Engineer and Personnel Tamil Nadu Electricity Generation and Distribution Corporation Limited Rep. by its Chairman cum Managing Director No.144, Anna Salai, Chennai 600 002.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to identify the members of the petitioner union who are termed to be contract labour in the respondent corporation for long number of years and pay them wages fixed under Per.(FB) TANGEDCO Proceedings No.4, dated 13.03.2018 which has been issued pursuant to a settlement under Section 12(3) of the Industrial Disputes Act, 1947 dated 22.02.2018, 1/4

pay ex-gratia and other benefits.

For Petitioner : Mr.Balan Haridas For Respondents : Mr.Anand Gopalan for M/s.Agam Legal Advocates

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to identify the members of the petitioner union who are termed to be contract labour in the respondent corporation for long number of years and pay them wages fixed under Per.(FB) TANGEDCO Proceedings No.4, dated 13.03.2018 which has been issued pursuant to a settlement under Section 12(3) of the Industrial Disputes Act, 1947 dated 22.02.2018, pay ex-gratia and other benefits.

2.The learned counsel appearing for the petitioner submitted that the petitioner union made representation dated 10.07.2018 to the respondents seeking to implement Proceedings No.4, dated 13.03.2018 in respect of a list of the members of the petitioner union, however, the same has not yet been considered. Hence, this Court may issue direction to the respondents to identify the members of the petitioner union who are termed to be contract labour in the 2/4

respondent corporation for long number of years and pay them wages fixed under Per.(FB) TANGEDCO Proceedings No.4, dated 13.03.2018 which has been issued pursuant to a settlement under Section 12(3) of the Industrial Disputes Act, 1947 dated 22.02.2018. 3.Heard the arguments advanced on either side and perused the materials available on record.

4.Considering the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the representation dated 10.07.2018 made by the petitioner union, if not already considered, on merits and in accordance with law and to pass appropriate orders after providing opportunity to the office bearers of the petitioner union, within a period of eight weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of. No costs. 27.03.2025 pri Index: Yes/ No Speaking Order: Yes/ No 3/4

NCC: Yes/ No M.DHANDAPANI,J.

pri To 1.Tamil Nadu Electricity Generation and Distribution Corporation Limited Rep. by its Chairman cum Managing Director No.144, Anna Salai, Chennai 600 002.

2.The Chief Engineer and Personnel Tamil Nadu Electricity Generation and Distribution Corporation Limited Rep. by its Chairman cum Managing Director No.144, Anna Salai, Chennai 600 002.

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