The Executive Engineer, v. The Inspector Of Labour,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and C.M.P(MD)Nos.2961 to 2963 of 2019 W.A(MD)No.352 of 2019 1.The Executive Engineer, TWAD Board, Maintenance Division, Tirunelveli.
2.The Assistant Executive Engineer, TWAD Board, Maintenance Division, Alangulam, Tirunelveli District.
3.The Assistant Engineer, TWAD Board, Maintenance Division, Alangulam, Tirunelveli District.
:Appellants/Petitioners .vs.
1.The Inspector of Labour, Tirunelveli.
2.V.K.Mariyappan 3.R.Manimaran 4.R.Sundar 5.P.Mariyappan 6.J.Mariyappan 7.K.Muppidathi 1/10
8.M.Balasubramanian 9.S.Jabherali 10.S.Ramar 11.M.Ramayya Pandian 12.S.Mani 13.R.Ramayya 14.R.Regupathi 15.R.Kartheesan 16.P.Subramanian 17.A.Sakthivel 18.K.Mathiyalagan 19.S.Murugan 20.M.Karuppasamy 21.M.Muthukumar 22.R.Murugaiah 23.M.Kasipandi 24.C.Panneerselvam 25.V.Anburaj 26.K.Samydurai 27.A.K.Mariyappan 28.K.Balamurugan 29.R.Velmurugan 30.M.Madhavan 31.S.Durairaj 32.R.Thirumoorthy 2/10
33.K.Ganeshan 34.P.Manikkam 35.S.Madasamy 36.R.Ponnaiah 37.S.Murugan 38.S.Ayyadurai 39.V.Madajevan 40.S.Ganapathi 41.S.Muthukutti 42.S.Harikrishnan 43.P.Thangadurai 44.R.Ramar 45.K.Maduraiveeran 46.V.Krishnan : Respondents/Respondents W.A(MD)No.353 of 2019 1.The Executive Engineer, TWAD Board, Maintenance Division, Tirunelveli.
2.The Assistant Executive Engineer, TWAD Board, Maintenance Division, Valliyur, Tirunelveli District.
3.The Assistant Engineer, TWAD Board, Maintenance Division, Alangulam, Tirunelveli District.
....Appellants/Petitioners .vs.
3/10
1.The Inspector of Labour Tirunelveli.
2.S.Ramachandran 3.Varadharaj 4.S.Essakimuthu 5.P.Anandaraj 6.R.Rengakrishnan 7.R.Ravikumar 8.J.Rajagopal 9.C.Nagarajan 10.C.Dhanapal 11.E.Muthaiyya 12.D.Easudhas 13.S.Balasubramanian 14.V.Subramanian 15.M.Premkumar 16.V.Iyyamperummal 17.M.Muthaiyya 18.A.Nambirajan 19.D.Saminathan 20.S.Alagusundharam 21.S.Vijayakumar 22.L.Madhu 23.M.Manikkam 24.C.Arumugam 25.G.Rayappan 4/10
26.A.Uikkattan 27.P.Paldurai 28.S.Subashkanna 29.P.Gopalakrishnan 30.M.Jenashteen Samuvelraj 31.S.Jeyapal 32.V.Ganeshan 33.P.Murugan 34.E.Balasubramanian 35.A.Daniyal Abraham 36.P.Balasubramanian 37.S.Lakshmanaperummal 38.Sudalaimani :Respondents/Respondents W.A(MD)No.354 of 2019 1.The Executive Engineer, TWAD Board, Maintenance Division, Tirunelveli.
2.The Assistant Executive Engineer, TWAD Board, Maintenance Division, Sankarankoil, Tirunelveli District.
3.The Assistant Engineer, TWAD Board, Maintenance Division, Sankarankoil, Tirunelveli District.
....Appellants/Petitioners .vs.
1.The Inspector of Labour, Tirunelveli.
5/10
2.S.Selvendurai 3.Maruthapandian 4.M.Karthik Pandian 5.Joshap 6.K.Ponraj 7.P.Mariappan 8.A.Ramaraj 9.K.Paalraj 10.K.Sithar 11.S.Maharajan 12.K.S.Mariappan 13.M.Kaleelraj 14.P.Vellapandi 15.K.Murugan 16.K.Nehru 17.M.Chandrasekar 18.C.Muthusamy 19.M.Maadasamy 20.R.Udaiyar 21.K.Mahendran 22.G.Maniraj 23.L.Solarajan 24.E.Pillaiyar 25.P.Kariyamal 26.P.Alagirisamy 6/10
27.N.Ganeshan 28.R.Kaleechamy 29.S.Gandhi 30.P.Kanipandian 31.A.Wilson 32.V.Murugan 33.M.Sundharraj 34.M.Mariappan 35.S.Chokalingam 36.A.Mohamad Ekpal 37.V.Murugan 38.M.Balakrishnan 39.P.Muthupandi 40.M.Alageshan 41.L.Suresh 42.A.Chellapandian 43.P.Sendhurpandian 44.C.Muthupandian 45.K.Arumugakrishnan 46.R.Murugan 47.M.Raja 48.S.Palkarthik 49.K.Murugan 50.R.Pechikutti 51.A.Raju 7/10
52.E.Uchimakale 53.K.Santhanamari 54.Kompaiya 55.K.Ayyadurai 56.S.Muthukumar 57.A.Poolpandian 58.S.Esurajan 59.C.R.Kumar 60.I.Arasakani 61.S.Kottaisamy 62.M.Sunilkumar :Respondents/Respondents COMMON PRAYER: Writ Appeals filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)Nos.17082,17083 and 17084 of 2015, dated 29.11.2018. Prayer in WP(MD). 17082/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 1st respondent in C.P.S.No. 3581/2010 to 3644 /2010 dated 23.04.2015 only with respect to the list I of the order and the Labours who had been made as Respondents 2 to 46 herein and quash the same.
Prayer in WP(MD). 17083/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 1st respondent in C.P.S. No.11352/2010 to 11356/2010 an 13298/2010 to 13304/2010 and 13306/2010 to 13310/2010 and 13608/2010, 3728/2010 to 3736/2010 and 3758/2010 to 3784/2010 and 11350/2010, 11351/2010 dated 23.04.2015 only with respect to the List I of the order and the Labours who had been made as Respondents 2 to 38 herein and quash the same.
Prayer in WP(MD). 17084/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to pass a WRIT OF CERTIORARI calling for the records pertaining to the impugned order 8/10
passed by the 1st Respondent in C.P.S.No.3645/2010 to 3723/2010 and 13296/10, 13305/10, 3778/12 to 3780/12 dated 23.04.2015 only with respect to the List I of the order and the Labours who had been made as Respondents 2 to 62 herein and quash the same. For Appellants :Ms.Porkodi Karnan in all W.As'
For Respondent-1 :No appearance in all W.As'
For other Private :Mr.Veerakathiravan respondents in all Senior Counsel Writ Appeals for Mr.B.Karuppasamy COMMON
JUDGMENT
[Judgment of the Court was made by SENTHILKUMAR RAMAMOORTHY,J.] All these Writ Appeals are directed against the common order, dated 29.11.2018 in W.P(MD)No.17082,17083 and 17084 of 2015. By the said order, the Writ Court affirmed the order of the Inspector of Labour, Tirunelveli with regard to the conferment of permanent status on the private respondents in the Writ Petitions, but modified the order to the extent that the consequential and monetary benefits would be operational only from the date of the impugned order namely, from 23.04.2015.
2.Heard the learned counsel appearing for the appellants and the learned Senior Counsel appearing for the private respondents. 3.The learned counsel for the appellants/TWAD Board submitted that the order of the Writ Court is liable to be interfered with because the findings of the Inspector of Labour, Tirunelveli were only based on the Log Book with regard to the fact that the claimants had worked for 480 days in 24 consecutive calendar months. According to the learned counsel for the appellants, the log Book should have been corroborated with other evidence, whereas, the order was passed only based on the Log Book.
4.In reply, the learned Senior Counsel appearing for the private respondents submitted that the factual aspects with regard to the fact that the claimants had worked for 480 days in 24 consecutive calender months, were considered in detail by the Inspector of Labour, Tirunelveli before passing the order and the same was also considered by the Writ Court while affirming the said order.
9/10
5.We perused the relevant materials and heard the oral submissions of both sides.
6.On examining the order of the Writ Court, we find that the Writ Court has followed the earlier orders of this Court to conclude that the Conferment of Permanent Status on Workmen Act applies to the TWAD Board. Moreover, the factual issue as to whether the workmen had put in 480 days of service in 24 consecutive calendar months was also considered by the Writ Court by holding that the statutory authority had perused the Log Books and the said Log Books had been counter-signed by the Engineers of the TWAD Board. On that basis, the Writ Court held that the said factual findings are not liable to be interfered with by the Writ Court in the exercise of discretionary jurisdiction. We also find that the Writ Court has granted the consequential and monetary benefits from the date of the impugned order namely, 23.4.
2015 and there is no CrossAppeal in this regard. 7.Considering the facts and circumstances, we are of the view that there is no reason to interfere with the order of the Writ Court inasmuch as the said order does not contain any infirmity. 8.Accordingly, these Writ Appeals are dismissed. Consequently, the order of the Writ Court shall be complied with within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are dismissed.
Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS ) To The Inspector of Labour, Tirunelveli.
+1 CC to M/s.PORKODI KARNAN, Advocate SR-80271. +5 CC to Mr.B.KARUPPASAMY, Advocate SR-80558. COMMON JUDGMENT MADE IN and C.M.P(MD)Nos.2961 to 2963 of 2019 07.08.2019 CS(05.09.2019) 10P 8C 10/10