Maravankudiyiruppu Primary v. P.Anabazhakan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.12183 of 2014 Maravankudiyiruppu Primary Agricultural Co-operative Credit Society, Kottar & Post, Nagercoil-2, Rep. by its President.

...Petitioner

Vs.

1.P.Anabazhakan 2.Inspector of Labour, Nagercoil, Kanyakumari District.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari or any other writ or order call for records in Na.Ka.No.1443/2013 dated 30.11.2013 on the file of the 1st respondent and quash the same. For Petitioner : Mr.S.Kumar For R1 : Mr.M.K.Ilango For R2 : No Appearance *****

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorari or any other writ or order call for records in Na.Ka.No.1443/2013 dated 30.11.2013 on the file of the 1st respondent and quash the same.

2. Heard, learned counsel appearing for the petitioner and the learned Counsel appearing for the first respondent. 3.The brief facts that are necessary for the disposal of this Writ Petition are as follows:- 3.a.The first respondent was appointed as Jewel Appraiser on 25.02.2000, in the petitioner's Society and he is working in the post till date. The first respondent submitted an application for permanency in the petitioner's Society. Since, it was not considered he filed a petition for confirming permanency before https://hcservices.ecourts.gov.in/hcservices/

the second respondent under Tamilnadu Industrial Establishment (Confirmation of Permanent Status Act, 1981). 4.After recording a finding that the first respondent worked for 480 days continuously within 2 years, the first respondent's application was allowed. As against the order of the second respondent, the petitioner, namely, the employer has filed the above Writ Petition.

5.From the reading of the impugned order of the second respondent, it is made clear that the petitioner has admitted the factual position that the first respondent has worked for 480 days continuously within two years. The petitioner has also admitted that no charges or disciplinary proceedings pending against the first respondent. The findings of the second respondent for granting relief are based on admission. This Court finds no merits in this Writ Petition.

6.Hence, this Writ Petition is dismissed. However, there is no order as to costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To Inspector of Labour, Nagercoil, Kanyakumari District.

+2 cc to Mr.S.Kumar , Advocate in SR.No. 51324,51563 +1 cc to MR.M.E.Ilango , Advocate in SR.No. 51366 TA/CP AE/MR/SAR3/26.04.2017/2P/5C W.P.(MD).No.12183 of 2014 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/