Madras High CourtREV.APLC(MD)/81/2019disposed of

The Management Of Tamilnadu v. The Labour Inspector,

2023-06-20Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and C.M.P.(MD) Nos.3457 & 3458 of 2019 Rev.Aplc (MD) No.81 of 2019:

The Management of Tamilnadu State Transport Corporation (Madurai) Limited, Madurai Division Bye Pass Road, Madurai ... Petitioner -vs1.The Labour Inspector Ellis Nagar Madurai-625 016 2.S.Senthil ... Respondents PRAYER: Review Application filed under Order XLVII, Rules 1 & 2 read with Section 114 of the Code of Civil Procedure, against the judgment dated 24.10.2018 made in W.A.(MD) No.1455 of 2018.

For Petitioner :

Mr.J.Senthil Kumaraiah For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 Mr.A.Mu.Sharavanan for R2 Rev.Aplc (MD) No.82 of 2019:

The Management of Tamilnadu State Transport Corporation (Madurai) Limited, Madurai Division Bye Pass Road, Madurai ... Petitioner -vs1.The Labour Inspector Ellis Nagar Madurai-625 016 2.S.Selvaganapathy ... Respondents PRAYER: Review Application filed under Order XLVII, Rules 1 & 2 read with Section 114 of the Code of Civil Procedure, against the judgment dated 24.10.2018 made in W.A.(MD) No.1456 of 2018.

For Petitioner :

Mr.J.Senthil Kumaraiah For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 Mr.A.Mu.Sharavanan for R2

C O M M O N O R D E R [Order of the Court was made by R.SUBRAMANIAN, J.] Review is sought for solely on the ground that there is a 12(3) settlement between the Union and the Management, which enables the Management to have different class of employees and confer permanent status to only one class and not the other. We are afraid that such a 12(3) settlement is binding on the employees, since it amounts to the employees waiving their statutory rights. Moreover, both the Writ Court as well as the Division Bench have concluded that the employees have worked for 480 days in two consecutive calender years and the said factual issue has also not been disputed. Hence, we find no reason to entertain these review applications and the same are, therefore, dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [N.S.K., J.] 20.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

The Labour Inspector, Ellis Nagar, Madurai-625 016.

R.SUBRAMANIAN , J.

and N.SATHISH KUMAR , J.

krk and C.M.P.(MD) Nos.3457 & 3458 of 2019 20.06.2023