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Madras High CourtREV.APLC(MD)/116/2024dismissed

R.Mahenthiran (Died) 1. Manonmani v. The Government Of Tamilnadu,

2024-10-22Honourable Mr Justice R. Subramanian,Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR in W.A(MD)Nos.285 and 286 of 2022 REV.APLC(MD)No.116 of 2024 R.Mahenthiran (Died)

1. Manonmani

2. Nevedida

3. Dhelipan

4. Andal ... Petitioners vs.

1. The Government of Tamilnadu, Rep. by its Secretary,

2. The Management of Chennai-600 005.

3. The Secretary Cum General Manager, Chennai-600 005.

Page No.1 of 6

4. The Executive Engineer, Trichy-23.

... Respondents Prayer : Review Application filed under Order 47 Rules 1 and 2 read with Section 114 of the Civil Procedure Code, to review the order dated 29.03.2022 passed in W.A(MD)No.285 of 2022.

For Petitioner : Mr.S.Arunachalam For R1 : Mr.SRA.Ramachandran Additional Government Pleader For R2 to R4 : Mr.ARL.Sundaresan, Senior Counsel, for Mr.B.Vijay Karthikeyan REV.APLC(MD)No.109 of 2024 S.Pushkala Kumari ... Petitioner vs.

1. The Government of Tamilnadu, Rep. by its Secretary,

2. Tamilnadu Water Supply and Drainage Board (TWAD), Chennai-600005.

3. The Executive Engineer, 25A/261, Thiruchendur Road, Thirunelveli-627002.

... Respondents Page No.2 of 6

Prayer : Review Application filed under Order 47 Rules 1 and 2 read with Section 114 of the Civil Procedure Code, to review the order dated 29.03.2022 passed in W.A(MD)No.286 of 2022.

For Petitioner : Mr.S.Arunachalam For R1 : Mr.SRA.Ramachandran Additional Government Pleader For R2 & R3 : Mr.ARL.Sundaresan, Senior Counsel, for Mr.B.Vijay Karthikeyan COMMON ORDER (Order of the Court was made by R.SUBRAMANIAN, J.) Since the writ appeals were dismissed only on the ground of laches and it was contended that similarly placed persons have been granted benefit by the Writ Court in some other cases and those orders have been implemented by the TWAD Board, we had ordered notice.

2.

However, Mr.ARL.Sundaresan, learned Senior Counsel representing the standing counsel for TWAD Board, would submit that those persons in respect of whom, orders were passed by the Writ Court which were implemented, were persons who had approached the Labour Court and had been favoured with an award by the Labour Court. It is also stated that review applicants do not fall within the categories of employees who are covered by the Award of the Labour Court. This difference has been noticed by the learned Single Judge.

Page No.3 of 6

3.

Hence, we see no merit in the review applications. The Review Applications are accordingly dismissed leaving it open to the petitioners to seek appropriate remedies as they are advised. No costs. (R.S.M, J.) (R.V, J.) 22.10.2024 Index : Yes / No : Yes / No bala To

1. The Secretary, Government of Tamilnadu,

2. The Managing Director, Chennai-600 005.

3. The Secretary Cum General Manager, Chennai-600 005.

4. The Executive Engineer, Trichy-23.

Page No.4 of 6

5. The Executive Engineer, 25A/261, Thiruchendur Road, Thirunelveli-627002.

Page No.5 of 6

R.SUBRAMANIAN, J.

and R.VIJAYAKUMAR, J.

bala COMMON ORDER MADE IN DATED : 22.10.2024 Page No.6 of 6