Desiya Murpokku Tnpl Effluent v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2016
CORAM
THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.20219 of 2016 Desiya Murpokku TNPL Effluent Water Lift Irrigation Thozhilalar Sangam (Regn.No.148/KRR) rep.by its President Pon.Elangovan ... Petitioner -vs1.The State of Tamil Nadu rep.by its Secretary to Government, Labour and Employment Dept., Secretariat, Chennai - 600 006.
2.The Commissioner of Labour, Labour Department, DMS Compound, Teynampet, Chennai - 600 006.
3.The Chairman and Managing Director of Tamil Nadu Newsprint and Papers Ltd., (TNPL) and the Secretary to Government, Industries Department, 67, Anna Salai, Guindy, Chennai - 600 025.
4.A.Vellingiri, Deputy Managing Director, Tamil Nadu Newsprint and Papers Ltd., (TNPL) 67, Anna Salai, Guindy, Chennai - 600 025.
5.The Director (Finance) Tamil Nadu Newsprint and Papers Ltd., (TNPL) Kakithapuram, Karur - 639 138.
6.P.Pattabiraman General Manager (Human Resources), Tamil Nadu Newsprint and Papers Ltd., (TNPL) Kakithapuram, Karur - 639 138.
7.The Revenue Divisional Officer and the President, TNPL Effluent Water Lift Irrigation Sangam, North Prathatchanam Road, Karur - 639 001.
8.The Public Relation Officer, TNPL and the Secretary, TNPL Effluent Water Lift Irrigation Sangam and Moolimangalam (Post) Karur - 639 116.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 6 to consider the proposal dated 05.12.2000 sent by the 7th and 8th respondents to the 5th respondent (Director (Finance) TNPL) and the representation dated 13.08.2016 sent by the petitioner Sangam and grant permanency to 13 workers as the employees of TNPL from the dated of their initial appointment and grant time scale of pay and annual periodical increments, arrears of pay as per the proposal dated 05.12.2000 and to remit the EPF contribution to the workers within a time limit to be fixed by this Hon'ble Court.
For Petitioner : Mr.A.Thirumurthy For RR - 1, 2 & 7 : Mr.A.Muthukaruppan Additional Government Pleader For RR - 3 to 6&8 : Mr. V.M.Sivakumar
O R D E R
This Writ Petition has been filed seeking a direction to the respondents 1 to 6 to consider the proposal dated 05.12.2000 sent by the 7th and 8th respondents and also to consider the representation dated 13.08.2016 sent by the petitioner, requesting to grant permanency to 13 workers as the employees of TNPL from the date of their initial appointment and to grant time scale of pay; annual periodical increments and arrears of pay. 2.It is a settled law that when a Writ Petition is filed with inordinate delay without any acceptable explanation, it has to be rejected on the ground of laches.
3.When the proposal is of the year 2000 and when it was not considered, the petitioner would have taken the next step at least
in the year 2001 or within a reasonable time. But it has not been done. Therefore, this Court finds no acceptable reason for the inordinate delay involved in filing this Writ petition. Accordingly, this Writ Petition is dismissed on the ground of laches. No costs. Consequently, WMP(MD)Nos.14495 and 14496 of 2016 are closed.
Sd/- Assistant Registrar(CSII) /True Copy/ Sub Assistant Registrar mj To 1.The Secretary to Government, State of Tamil Nadu Labour and Employment Dept., Secretariat, Chennai - 600 006.
2.The Commissioner of Labour, Labour Department, DMS Compound, Teynampet, Chennai - 600 006.
3.The Revenue Divisional Officer and the President, TNPL Effluent Water Lift Irrigation Sangam, North Prathatchanam Road, Karur - 639 001.
+1cc to M/s.Victory Associates Sr.No.62487 +1cc to Mr.V.M.Shivakumar,Advocate Sr.No. 62867 +1cc to Spl.Government Pleader Sr.No.62948 JAM/17.11.16/SK-SKN/SAR 3/3P-7C WP(MD)No.20219 of 2016 21.10.2016