A.Arunachalam v. The Inspector Of Labour

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN A.Arunachalam ... Appellant Vs.

1.The Inspector of Labour, TNHB Complex, Ellis Nagar, Madurai - 625 016.

2.The Management, Tamil Nadu State Transport Corporation, (Madurai) Ltd., Bye-Pass Road, Madurai.

... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order dated 07.08.2019 in W.P.(MD).No.9743 of 2014 on the file of this Court. For Appellant : Mr.G.M.Xavier Standing Counsel.

For Respondents : Mr.G.V.Vairam Santhosh, Addl. Government Pleader for R1.

Mr.S.Raja for R2.

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JUDGMENT

(Judgment of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.The appellant joined Tamil Nadu State Transport Corporation Limited, Madurai as reserve conductor on 22.08.2009. He along with others moved the Inspector of Labour, Madurai seeking permanency of status. The proceedings ended in favour of the employee on 21.08.2013. Challenging the same, the management filed W.P.(MD)No.9743 of 2014. During the pendency of the writ petition, the employee came to be dismissed from service. However, the competent authority declined to grant approval for the punishment of dismissal imposed by the management. Challenging the rejection order dated 14.09.2017, the management filed W.P.(MD)No.15028 of 2018. The writ petition is still pending. Citing the said subsequent development, the learned Single Judge disposed of W.P.(MD)No.9743 of 2014 with an observation that in the event of the workman succeeding in W.P.(MD)No.15028 of 2018, he can pursue his further remedies.

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3.We carefully went through the order dated 07.08.2019 passed in W.P.(MD)No.9743 of 2014. The learned Single Judge had not at all interfered with the order granting permanency. The management has not chosen to file any writ appeal. In these circumstances, we have to necessarily hold that the order dated 21.08.2013 passed by the Inspector of Labour, Madurai granting permanency status to the appellant / Arunachalam has become final.

4.With this observation, this writ appeal is disposed of. No costs. (G.R.S. J.,) & (M.J.R. J.,) 13.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The Inspector of Labour, TNHB Complex, Ellis Nagar, Madurai - 625 016.

2.The Management, Tamil Nadu State Transport Corporation, (Madurai) Ltd., Bye-Pass Road, Madurai.

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G.R.SWAMINATHAN, J.

and M.JOTHIRAMAN, J.

ias 13.02.2025 4/4