P.Jeganathan v. The Joint Registrar Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.15413 of 2015 and M.P(MD)No.1 of 2015 P.Jeganathan ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Dindigul Region, Collector Office Complex, Dindigul.

2.The Inspector of Labour, O/o.The Inspector of Labour, Dindigul.

3.The President/Managing Director, A 1216 Dindigul Agirulcultural Producers, Co-operative Marketing Society Limited, No.1, Chellandiamman Kovil 1st Street, Palani Salai, Dindigul.

.. Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 10.04.2015 in the light of the order passed by the second respondent through his proceeding in Pa.Ne.Sa.Va.No.10/2013 (Na.Ka.No.E/3231/2013) dated 08.04.2015 under Section 3(1) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to workmen) act 1981 and direct the third respondent to confirm the petitioner's appointment as permanent in the third respondent's stores.

For Petitioner : Mr.S.Arivalagan For Respondents : Mr.T.R.Janarthanam Additional Government Pleader

O R D E R

This writ petition has been filed by Mr.P.Jeganathan under Article 226 of the Constitution of India, directing the respondents to consider the petitioner's representation, dated 10.04.2015 in the light of the order passed by the second respondent through his proceeding in Pa.Ne.Sa.Va.No.10/2013 (Na.Ka.No.E/3231/2013), dated 08.04.2015 under Section 3(1) of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to workmen) act 1981 and direct the third respondent to confirm the petitioner's appointment as permanent in the third respondent's stores, in whose favour the Inspector of Labour has passed https://hcservices.ecourts.gov.in/hcservices/

an order confirming the permanent status under Section 3(1) of Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act 1981 on 08.04.2015 regularizing the service of the petitioner from the date of completion of 480 days i.e., 28.11.1999. The said order has not been challenged and the same is deserved to be confirmed by this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3.As the Inspector of Labour has finally given a verdict in favour of the petitioner that they have become permanent employees in the third respondent Society and the same has become final on 08.04.2015. This Court has no hesitation to issue a direction to the first respondent.

Accordingly, the first respondent is hereby directed to implement the order dated 08.04.2015 passed by the Inspector of Labour, Dindigul and authority under Section 3(1) of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act 1981, if no appeal is filed till now in the third respondent society and further directed to pass suitable orders within a period of four weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Joint Registrar of Co-operative Societies, Dindigul Region, Collector Office Complex, Dindigul.

2.The Inspector of Labour, O/o.The Inspector of Labour, Dindigul.

3.The President/Managing Director, A 1216 Dindigul Agirulcultural Producers, Co-operative Marketing Society Limited, No.1, Chellandiamman Kovil 1st Street, Palani Salai, Dindigul.

+1cc to The Special Government Pleader, Madurai. SR.No.60936 W.P.(MD)No.15413 of 2015 13.10.2015 am NS/SK-SKN/27.11.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/