Madras High CourtWP(MD)/10648/2019disposed of

R.Balasubramanian v. The Managing Director

2019-04-27Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. R.MAHADEVAN W.P.(MD)Nos.10648 to 10650 of 2019 R.Balasubramanian .. Petitioner in WP(MD)No.10648/2019 M.Thavidan .. Petitioner in WP(MD)No.10649/2019 G.Thiagarajan .. Petitioner in WP(MD)No.10650/2019 Vs.

1.The Managing Director, Tamil Nadu Civil Supplies Corporation Ltd., No.12, Thambusamy Road, Kilpak, Chennai - 10.

2.The General Manager (Administration), Tamil Nadu Civil Supplies Corporation Ltd., No.12, Thambusamy Road, Kilpak, Chennai - 10.

3.The Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Madurai Region, Kuruvikaran Road, Madurai.

.. Respondents in all W.Ps.

PRAYER : Writ Petitions filed under Article 226 of Constitution of India, to issue a writ of Mandamus directing the respondents to consider the petitioners' representations dated 01.03.2019 and 21.4.2019 respectively by considering their regional wise seniority for appointment to the post of Watchman on permanent basis in view of settlement dated 31.2.1997 under Section 12(3) of Industrial Disputes Act and as per the order passed by the 1st respondent vide Na.Ka.No. AE 2/60812/2008 dated 01.02.2013 and in accordance with law.

For Petitioners : Mr.P.Mahendran For Respondents : Mr.Raja Karthikeyan in all the writ petitions.

COMMON ORDER These writ petitions have been filed seeking a direction to the respondents to consider the petitioners' representations

dated 01.03.2019 and 21.04.2019 for appointment to the post of Watchman on permanent basis, in view of the settlement dated 31.2.1997 under Section 12(3) of Industrial Disputes Act and as per the order passed by the first respondent in Na.Ka.No. AE 2/60812/2008, dated 01.02.2013.

2.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. By consent, the writ petitions are taken up for final disposal at the stage of admission itself.

3.The case of the petitioners is that they have been appointed as Seasonal Watchman under the third respondent on temporary basis and their seniority was maintained by the respondents. The grievance of the petitioners is that the respondents are taking steps to fill up permanent posts of Watchman by considering the Statewise seniority list instead of regionalwise seniority list. Hence, they made representations dated 01.03.2019 and 21.04.2019 to the respondents to consider their case for appointment to the post of Watchman on permanent basis as per regionalwise seniority list. Since the same have not been considered till date, the petitioners are before this Court. 4.The learned counsel appearing for the respondents, on instructions, submitted that the representations of the petitioners will be considered on merits and appropriate orders be passed.

5.In view of the above submission, this Court, without going into the merits of the case, direct the respondents to consider the petitioners' respective representations dated 01.03.2019 and 21.04.2019 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners.

6.The writ petitions are disposed of with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS)

To 1.The Managing Director, Tamil Nadu Civil Supplies Corporation Ltd., No.12, Thambusamy Road, Kilpak, Chennai - 10.

2.The General Manager (Administration), Tamil Nadu Civil Supplies Corporation Ltd., No.12, Thambusamy Road, Kilpak, Chennai - 10.

3.The Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Madurai Region, Kuruvikaran Road, Madurai.

+1 CC to M/s.P.MAHENDRAN, Advocate ( SR-63506[F] dated 27/04/2019 ) mj W.P.(MD)Nos.10648 to 10650 of 2019 27.04.2019 KM/(28.05.2019) 3P 5C