Madras High CourtWP(MD)/4841/2023disposed of

Balasubramanian.A v. The Chairman

2023-03-07Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.4841 & 4842 of 2023 and W.M.P.(MD)Nos.4528 & 4529 of 2023 A.Balasubramanian ... Petitioner in W.P.(MD)No.4841 of 2023 K.Shanmugasundaram ... Petitioner in W.P.(MD)No.4842 of 2023 Vs.

1.The Chairman, Tamil Nadu Generation and Distraction Corporation Ltd., TANGEDCO, Mount Road, Chennai.

2.The Chief Engineer (Personnel-Chennai G58) Tamil Nadu Generation and Distraction Corporation Ltd., TANGEDCO, Mount Road, Chennai.

3.The Superintending Engineer, Tamil Nadu Generation and Distraction Corporation Ltd., TANGEDCO, Trichy Distribution Circle, Trichy Corporation, Trichy District.

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4.The Executive Engineer, (Operation and Maintenance) Tamil Nadu Generation and Distraction Corporation Ltd., TANGEDCO, Manapparai, Trichy District.

... Respondents in both W.Ps.

Prayer in W.P.(MD)No.4841 of 2023: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in his proceedings in Letter No.309/NiPi.4/Vu. 2/Ko.O.Tho/2022, dated 26.12.2022 and quash the same as arbitrary and illegal and consequently, direct the respondents to absorb the petitioner in the respondent corporation in any suitable post within a time frame as fixed by this Court.

Prayer in W.P.(MD)No.4842 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in his proceedings in Letter No.309/NiPi.4/Vu. 2/Ko.O.Tho/2022, dated 26.12.2022 and quash the same as arbitrary and illegal and consequently, direct the respondents to absorb the petitioner in the respondent corporation in any suitable post within a time frame as fixed by this Court.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mrs.P.Malini for Mr.T.S.Goplana & Co (in both W.Ps) 2/4

COMMON ORDER Heard the learned counsel on either side.

2. The writ petitioners challenge the impugned order passed by the third respondent and demand that they should be made permanent as they have completed more than 480 days in 24 calender months. It is seen that similarly placed individuals had earlier filed W.P.(MD)Nos.2110 & 2111 of 2023 before this Court and this Court vide order dated 02.02.2023 had relegated the petitioners to go before the jurisdictional labour court. The very same liberty is granted to the present petitioners also.

3. As and when the petitioners file any petition before the jurisdictional labour court, the same shall be numbered immediately without reference to limitation and dispose of on merits and in accordance with law within a period of six months thereafter.

4. These Writ Petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 07.03.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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