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Madras High CourtWA(MD)/953/2025dismissed

V.Badrinath v. The Managing Director

2025-08-07Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.A.(MD)Nos.953, 954, 955, 956, 957 of 2025 and W.A.(MD)Nos.1333, 1938, 1939, 1940 and 1941 of 2024 and C.M.P.(MD)Nos.10443, 14376, 14377, 14378 & 14379 of 2024 W.A.(MD)No.953 of 2025:- V.Badrinath ... Appellant Vs.

1.The Managing Director, Tamil Nadu Water Supply and Drainage Board, No.31, Kamaraj Salai, Chepauk, Chennai - 5.

2.The Chief Engineer, Tamil Nadu Water Supply and Drainage Board, Eswari Nagar, Medical College Road, Thanjavur.

3.The Superintendent Engineer, Tamil Nadu Water Supply and Drainage Board, Trichy-Pudukottai-Ariyalur-Perambalur Circle, J.K.Nagar, Kajamalai Post, Trichy-23.

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4.The Executive Engineer, Maintenance Division, Tamil Nadu Water Supply and Drainage Board, Trichy.

... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.15441 of 2020 dated 26.03.2024 on the file of this Court. For Appellants : Mr.M.P.Senthil For Respondents : Mr.AR.L.Sundaresan, Senior Counsel, For Mr.B.Vijaykarthikeyan.

COMMON JUDGMENT (By G.R.SWAMINATHAN, J.) The writ petitions were filed by the employees of Tamil Nadu Water Supply and Drainage Board, Chepauk, Chennai. The writ petitioners had joined the Board as Helpers. They filed the writ petitions for directing the Board to extend the benefit of the award of the Labour Court passed in I.D.No.147 of 1993 on the file of the Labour Court, Tirunelveli in their favour and to re-fix their scale of pay and pay all the attendant and monetary benefits. The learned Single Judge partly allowed the writ petition in the following terms:- 2/7

"22. Accordingly, the respondents are directed to revise the pay of the petitioners in terms of the Government Order in G.O.Ms.No.762, dated 26.08.1986 and calculate the arrears with effect from 03.11.2017 payable to them and pay the same together with interest at the rate of 6% as expeditiously as possible, at any rate, within a period of 12 weeks from the date of receipt of a copy of this order."

Aggrieved by the same, TWAD Board filed W.A.(MD)Nos.1333, 1938, 1939, 1940 and 1941 of 2024. The writ petitioners felt aggrieved that the grant of benefit was confined to the period of three years prior to the filing of the writ petitions. According to them, re-fixation should be done with effect from the dates of their appointment. In respect of dis-allowed portion, W.A.(MD)Nos.953, 954, 955, 956 and 957 of 2025 have been filed by the writ petitioners.

2.The writ appeals filed by the Board will have to be dismissed on a short ground. The learned senior counsel who appeared for the Board conceded the entitlement of the writ petitioners herein for extension of the benefit conferred by the Labour Court award. 3/7

3.As regards the cut off date of three years fixed by the learned Single Judge, it is seen that the learned Single Judge had only followed the dictum laid down by the Hon'ble Supreme Court in the decision reported in (2015) 1 SCC 347 (State of Uttar Pradesh Vs. Arvind Kumar Srivastava). The approach adopted by the learned Single Judge does not warrant interference. The time for compliance of the order of the learned Single Judge by the Board is twelve weeks from the date of receipt of a copy of this order.

4.These writ appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S. J.,) & (K.R.S. J.,) 07.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/7

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G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias W.A.(MD)Nos.953, 954, 955, 956, 957 of 2025 and W.A.(MD)Nos.1333, 1938, 1939, 1940 and 1941 of 2024 07.08.2025 6/7

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