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Madras High CourtWP(MD)/50/2017allowed

Marimuthu v. The Commissioner

2017-01-04Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Rev.Apl.W.(MD)Nos.50 to 54 of 2017 in W.P.(MD)Nos.20184, 13150, 20185 of 2014, 1393 of 2015 and 5642 of 2016 W.M.P(MD)Nos.12886 to 12894 of 2017 Rev.Apl.W.(MD)No.50 of 2017:- Theni - 625 531. ... Petitioners/Respondents 2 and 3

1. Baskara Ayyan

2. The Secretary to Government, No.20184 of 2014.

Prayer in WP(MD)No. 20184 of 2014 :

of India, praying this Court To issue a Writ of Mandamus , directing the respondents 1 to 3 herein to absorb the petitioner herein in the 3rd respondent establishment as per the proceedings of the 4th respondent herein Rc.No.A/214/2004 dated 7.6.2004 and as confirmed by this Honble Court in WP No.6997 of 2005 dated 11.9.2007 and pay all monetary benefits, within a reasonable time and pass such further or other orders.

Rev.Apl.W.(MD)No.51 of 2017:- 1.S.Krishnamoorthy 2.R.Murugan 3.S.Jayaraman 4.V.Karthikeyan 5.R.Vairamani

6. The Secretary to Government,

7. The Inspector of Labour / Industrial Adjudicator, No.13150 of 2014.

Prayer in WP(MD)No. 13150 of 2014 :

of India, praying this Court To issue a Writ of Mandamus, directing the respondents 1 to 3 herein to absorb the petitioners herein in the 3rd respondent establishment as per the Proceedings of the 4th respondent herein in Rc. No.A/214/2004 dated 07.06.2004 and as confirmed by this Honourable Court in WP No. 6997 of 2005 dated 11.09.2007 and pay all monetary benefits, within a reasonable time.

Rev.Apl.W.(MD)No.52 of 2017:-

1. Lakshmanan

2. The Secretary to Government, No.20185 of 2014.

Prayer in WP(MD)No 20185 of 2014 :

of India, praying this Court To issue a Writ of Mandamus , directing the respondents 1 to 3 herein to absorb the petitioner herein in the 3rd respondent establishment as per the proceedings of the 4th respondent herein Rc.No.A/214/2004 dated 7.6.2004 and as confirmed by this Honble Court in WP No.6997 of 2005 dated 11.9.2007 and pay all monetary benefits, within a reasonable time and pass such further or other orders.

Rev.Apl.W.(MD)No.53 of 2017:- 800, Anna Salai, Chennai - 600 002.

1. M.Pitchaimuthu

2. The Secretary to Government,

No.1393 of 2015.

Prayer in WP(MD)No. 1393 of 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents 1 to 3 herein to absorb the petitioner herein in the 3rd respondent establishment as per the proceedings of the 4th respondent herein in Rc. No. A/214/2004 dated 07.06.2004 and as confirmed by this Honourable Court in WP No. 6997 of 2005 dated 11.09.2007 and pay all monetary benefits, within a reasonable time.

Rev.Apl.W.(MD)No.54 of 2017:-

2. The Chief Engineer (Personnel) TANGEDCO, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, 1.K.Ganapthy 2.K.Nagarajan No.5642 of 2016.

Prayer in WP(MD)No. 5642 of 2016 :

of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 3rd respondent in Ku.AA No.928/MePo/Theni/VuNiA/NiPi2/Vu1/

Ko.The.A.Pa/2014 dated 2.01.2015 and the consequential impugned order of the 3rd respondent in Memo No.9283/SE/TEDC/TNI/Adm.O/AdmnII/A1/F.N.B/15 dated 24.04.2015 and quash the same in so far as appointing the petitioners on need basis and as permanent casual labours and consequently directing the respondents 1 to 3 herein to absorb the petitioners herein in the 3rd respondent establishment as per the proceedings of the Inspector of Labour, Theni in Rc.No.A/214/2004, dated 07.06.2004 and as confirmed by this Hon'ble Court in W.P.No.6997 of 2005, dated 11.09.2007 and W.P.No.15847 of 2012, dated 03.07.2014 and pay all monetary benefits, within a reasonable time. For Petitioner in all cases : Mr.G.Anand for Mr.T.S.Gopalan For Respondents in all cases : Mr.Ajmalkhan for Mr.K.Appadurai ***

ORDER

The first petitioner in all the cases is the Chairman, TANGEDCO. The respondents in all the review applications and the petitioners have filed a joint compromise memo stating that the matter is compromised and settled between the parties and therefore the review petitions may be disposed of as per the joint compromise memo.

2.As per the joint compromise memo, filed by the parties the petitioners and the respondents in all the review applications have entered into a settlement under Section 18(1) of the Industrial Dispute Act on 17.03.2018, 20.03.2018 and 03.07.2018. Since the petitioners and the respondents have settled their dispute, this Court is of the view that the review applications may be disposed of. Hence, these Review Applications are disposed of in terms of joint compromise memo. The Joint Compromise Memo shall form part of this order. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-IV) Encl: Xerox copy of joint compromise memo To

1. The Secretary to Government,

2. The Inspector of Labour / Industrial Adjudicator, CMR VB/SKN/RSK/SAR4/31.07.2018/6P/3C Rev.Apl.W.(MD)Nos.50 to 54 of 2017 in W.P.(MD)Nos.20184, 13150, 20185 of 2014, 1393 of 2015 and 5642 of 2016 11.07.2018