Madras High CourtWP(MD)/14333/2015dismissed

K. Selva Kani v. The Inspector Of Labour

2020-12-18Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).Nos.14333, 14334, 14335, 14340, 14342, 14343 and 14345 of K.Selva Kani ... Petitioner in WP(MD).No.14333 of 2015 I.Pandian ....Petitioner in WP(MD).No.14334 of 2015 M.Muthu ... Petitioner in WP(MD).No.14335 of 2015 G. Paramasivam, ... Petitioner in WP(MD).No 14340 of 2015 V. Gurusamy ... Petitioner in WP(MD).No 14342 of 2015 V.Samuthiram(Died) ... Petitioner in WP(MD).No 14343 of 2015 V. Saroja ... Petitioner in WP(MD).No 14345 of 2015 -Vs1. The Inspector of Labour, (Authority under Tamil Nadu Conferment of Permanent Status Act 1981), Labour Department, Virdhunagar.

2. The Management Cotton Research Station, Tamil Nadu Agricultural University, Srivilliputhur, Virudhunagar District ... Respondents in all WPS Prayer in WP(MD). 14333/ 2015:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent herein to accord permanent status to the petitioner as per the order of Inspector of Labour, Virudhunagar in his proceedings No.Na.Ka.No.27/2012-2 dated 31.01.2014 and consequently, direct the second respondent to give all the monetary benefits the petitioner with effect from September 1985 .

Prayer in WP(MD). 14334/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ or direction in nature of writ of mandamus directing the 2nd respondent herein to accord permanent status to the petitioner as per the order of Inspector of labour Virudhunagar in his proceedings No. Na.Ka. No. 27/2013-3 dated 31.01.2014 and consequently direct the 2nd Respondent to give all the monetary benefits the Petitioner with effect from October 1984.

Prayer in WP(MD). 14335/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of 1/3

Mandamus directing the 2nd respondent here in to accord permanent status to the petitioner as per the order of Inspector of Labour Virudhunagar in his proceedings No.Na.No.27/2012-6 dt.31.01.2014 and consequently direct the 2nd respondent to give all the monetary benefits the Petitioner with effect from April 1987. Prayer in WP(MD). 14340/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 2nd respondent here in to accord permanent status to the petitoner as per the order of Inspector of labour virdhunagar in his proceedngs No. Na.Ka. No. 27/2012-4 dated 31.01.2014 and consequently direct the 2nd respondent to give all the monetary benefits the Petitioner with effect from January 1987. Prayer in WP(MD). 14342/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of mandamus directing the 2nd respondent herein to accord permanent status to the petitioner pursuant to the order of Inspector of Labour, Virudhunagar in Na.Ka.No.27/2012-6 dated 31.01.2014 and consequently direct the 2nd respondent to give all the monetary benefits the Petitioner with effect from April 1987 and pass such further orders deem fit and proper in the circumstances of the case. Prayer in WP(MD). 14343/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of or direction in nature of writ of mandamus directing the 2nd Respondent herein to accord permanent status to the petitioner pursuant to the order of Inspector of Labour Virudhunagar in Na.Ka. No. 27/2012-7 dated 31.01.2014 and consequently direct the 2nd Respondent to give all the monetary befits the petitioner with effect from April 1985. Prayer in WP(MD). 14345/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 2nd respondent herein to accord permanent status to the petitioner pursuant to the order of Inspector of labour, Virudhunagar in Na.Ka.No.27/2012-5, dated 31.01.2014 and consequently direct the 2nd respondent to give all the monetary benefits the Petitioner with effect from August 1979. In All WPs For Petitioner : Mr.S.M.Mohyan Gandhi For Respondents : Mr.D.Muruganandham Additional Government Pleader (for R1) Mr.S.Kadarkarai (for R2) 2/3

COMMON ORDER The relief sought for in these present writ petitions is to direct the second respondent Management to accord permanent status to the petitioners as per the orders of the Inspector of Labour, Virudhunagar in proceedings dated 31.01.2014. 2.The learned Additional Government Pleader appearing on behalf of the first respondent made a submission that the award of the Inspector of Labour, dated 31.01.2014 is challenged by the Management in W.P(MD).Nos.9317 to 9323 of 2014 and the writ petitions are pending for adjudication. The writ petitioners in these writ petitions are the parties in the above stated writ petitions also. When the award itself is under challenge, the petitioners are bound to establish their grounds before the said writ petitions filed challenging the very award itself.

The relief as such sought for to grant permanent status to the petitioners is not entertainable in view of the fact that the award itself is under challenge. Accordingly, the petitioners are at liberty to raise all the grounds raised in these present writ petitions in the aforesaid writ petitions filed by the Managment challenging the award. 3.Accordingly, all these Writ Petitions stand dismissed. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Rmk To The Inspector of Labour, (Authority under Tamil Nadu Conferment of Permanent Status Act 1981), Labour Department, Virdhunagar.

+1cc to SPL GP Sr.No.26811,26813 W.P.(MD).Nos.14333,14334, 14335, 14340, 14342, 14343 and 14345 of 2015 18.12.2020 VB (20.01.2021) 3P 3C 3/3