Madras High CourtWP(MD)/16189/2015disposed of

M.Ramachandran, S/O.Murugan v. The Deputy Commissioner Of

2015-09-07Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2015

CORAM:

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.(MD)Nos.12104 to 12112 of 2015 and 16189 of 2015 B.Rajendran ..Petitioner in WP(MD)No.12104 of 2015 K.Sathiyaraj ..Petitioner in WP(MD)No.12105 of 2015 K.Panner Selvam ..Petitioner in WP(MD)No.12106 of 2015 P.Kumar ..Petitioner in WP(MD)No.12107 of 2015 T.Murugan ..Petitioner in WP(MD)No.12108 of 2015 A.Arumugam ..Petitioner in WP(MD)No.12109 of 2015 M.Ponraj ..Petitioner in WP(MD)No.12110 of 2015 K.Arumugam ..Petitioner in WP(MD)No.12111 of 2015 P.Thiruganam ..Petitioner in WP(MD)No.12112 of 2015 M.Ramachandran ..Petitioner in WP(MD)No.16189 of 2015 Vs.

1.The Deputy Commissioner of Labour cum Competent Authority, Office of the Deputy Commissioner of Labour, 52, Nehruji Nagar, 3rd Street, Dindigul.

..Respondent in WP(MD)Nos.12104 to 12112 of 2015 and 1st Respondent in WP(MD)16189 of 2015 2.The Superintend Engineer, TANGEDCO, Dindigul.

..2nd Respondent in WP(MD)No.16189 of 2015 PRAYER: These Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondent to pass orders on the statutory application preferred by the petitioner seeking conferment of permanent status, taken on file of the respondent as i) CPS No.39 of 2011 ii) CPS.No.03 of 2012 iii) CPS.No.32 of 2011 iv) CPS.No.05 of 2012 v) CPS.No.37 of 2011 vi) CPS.No.34 of 2011 vii) CPS.No.33 of 2011 viii) CPS.No.38 of 2011 ix) CPS.No.4 of 2012 and x) CPS.No.1293 of 2010 respectively within the time that may be stipulated by this Court.

For Petitioner : Mr.E.Mareesh kumar for M/S.AJMAL ASSOCIATES in All WPs.

For Respondent : Mr.S.Sadeesh Kumar, AGP for R1 in All WPs.

Mr.S.Dhayalan for R2 in WP(MD) No.16189 of 2015 https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER These writ petitions have been filed to issue a Writ of Mandamus, directing the 1st respondent / Deputy Commissioner of Labour cum Competent Authority constituted under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 to dispose of the statutory applications preferred by the petitioners seeking conferment of permanent status.

2.The grievance of the petitioners is that the petitioners have been employed in the 2nd respondent for more than 10 years temporarily. Therefore, after repeated request requesting to regularize the service, finding no response, they have filed applications before the Deputy Commissioner of Labour, Dindigul cum Competent Authority under the Act to declare them as a permanent workmen of TANGENDO in view of the statutory conferment under Section 3 of the Act. But the said applications even after a period of 5 years have not been disposed of.

3.This Court is not able to see any justification whatsoever as to why the 1st respondent keeping the applications in a cold storage. Therefore, the 1st respondent / Deputy Commissioner of Labour cum Competent Authority is hereby directed to take up the statutory applications filed by the petitioners and consider the same and pass orders in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order.

4.The Writ petitions are disposed of accordingly. No costs. Sd/ Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Deputy Commissioner of Labour cum Competent Authority, Office of the Deputy Commissioner of Labour, 52, Nehruji Nagar, 3rd Street, Dindigul.

2.The Superintend Engineer, TANGEDCO, Dindigul.

+9cc to M/s.Ajmal Associates, Sr.No.52475 +1cc to The Special Government Pleader Sr.No.52515 and 52522 akm/01.10.2015 /2p-13c/ W.P.(MD)Nos.12104 to 12112 and 16189 of 2015 https://hcservices.ecourts.gov.in/hcservices/