Bhaarathiya Electricity Employees Federation v. Tamil Naud Power Distribution Corporation Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND Bhaarathiya Electricity Employees Federation, Represented by its General Secretary Mr.R.Saravanakumar.
No.2/235, E.B.Colony, Kamarajapuram, Batlagundu, Dindigul District, Pin - 624 202 ... Petitioner Vs.
1.TamilNadu Power Distribution Corporation Ltd., Represented by its Chairman cum Managing Director, No.144, Anna Salai, Chennai-600 002.
2.TamilNadu Power Distribution Corporation Ltd., Represented by its Secretary, No.144, Anna Salai, Chennai-600 002.
3.TamilNadu Power Distribution Corporation Ltd., Represented by its Chief Engineer/Personnel, No.144, Anna Salai, Chennai-600 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, direct the second respondent to consider the 1/5
representation submitted by the petitioner unions dated 15.07.2023, 28.07.2023 & 04.03.2025 and implement the orders issued by the Hon'ble Supreme Court of India vide CP(C) Diary No.6415 of 2021 dated 18.04.2023 and thereby revise the seniority of all the categories select direct/internal selection after 10.03.2003 as instructed by the Government of TamilNadu vide his letter dated 06.07.2023 on the basis of merit.
For Petitioner : Mr.R.Muralikrishnan For Respondents : Mr.B.Ramanathan Standing Counsel
O R D E R
The learned Counsel for the petitioner submits that the petitioner is a registered trade union under the Trade Union Act. The petitioner's Union is serving for the cause of the workers of the respondent Electricity Management. Most of the service rules of the respondent Board are incorporated from Tamil Nadu Subordinate Service Rules. As and when the Government of Tamil Nadu introduce rules or changes in rule, the same will be placed before the respondent board meeting and implemented to the workers and officers of the Management. Accordingly, the TNEB Service Regulation No.97 about the seniority rule has been incorporated from Rule 35(a) of the Tamil Nadu Subordinate Service 2/5
Rules. The said rule stipulates fixing the seniority based on the selection list as per the communal roster. The said rule has been set aside by the orders of the Apex Court in its order in Contempt Petition proceedings No.6415 of 2021 dated 18.04.2023. The said orders have been complied by the Departments under the Government of Tamil Nadu. The Chief Secretary of Tamil Nadu in his letter dated 06.07.2023, instructed all the Secretaries to comply the orders of the Apex Court. The petitioner submitted various representations to the respondent Management to implement the said order and further amend the regulation No.97 of TNEB Service. But the said representations are not considered. Aggrieved by the same, the present writ petition is filed. 2.Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondents.
3.Considering the limited relief sought for in the writ petition with respect to consideration of the representation submitted by the petitioner on 04.03.2025 only, this Court intends to dispose of this writ petition without going into the merits of the case at the admission stage with the consent of both sides with a direction to the second respondent to consider the representation, 3/5
dated 04.03.2025 of the petitioner in accordance with law and pass appropriate orders, within the time to be stipulated herein to meet the ends of justice. 4.Accordingly, this writ petition is disposed of with a direction to the second respondent to consider the representation, dated 04.03.2025 submitted by the petitioner and pass appropriate orders in accordance with law, within a period of eights weeks from the date of receipt of a copy of this order. There shall be no orders as to costs.
09.04.2025 NCC:yes/no Index:yes/no Internet:yes/no LR To:
1.TamilNadu Power Distribution Corporation Ltd., Represented by its Chairman cum Managing Director, No.144, Anna Salai, Chennai-600 002.
2.TamilNadu Power Distribution Corporation Ltd., Represented by its Secretary, No.144, Anna Salai, Chennai-600 002.
3.TamilNadu Power Distribution Corporation Ltd., Represented by its Chief Engineer/Personnel, No.144, Anna Salai, Chennai-600 002.
4/5
BATTU DEVANAND , J.
LR 09.04.2025 5/5