Madras High CourtWA(MD)/1234/2019dismissed

D.Ganesan, v. The Managing Dirctor,

2019-11-18Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI D.Ganesan ... Appellant in WA.(MD)No.1234 of 2019 S.Vadivel ... Appellant in WA.(MD)No.1235 of 2019 M.Sivakanth ... Appellant in WA.(MD)No.1236 of 2019 S.Rajkumar ... Appellant in WA.(MD)No.1237 of 2019 J.Jesuraj ... Appellant in WA.(MD)No.1238 of 2019 Vs.

1.The Managing Director, Tamil Nadu Civil Supplies Corporation Limited, No.12, Thambusamy Road, Kilpauk, Chennai-600 010.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Dindigul Region, Dindigul, Dindigul District.

..Respondents in all appeals COMMON PRAYER: Writ Appeals are filed under Clause 15 of the Letter Patent Act, to set aside the order passed in W.P.(MD) Nos.21421, 21423, 21424, 21426 and 21427 of 2019, respectively, dated 14.10.2019 by this Court and directing the respondents to consider the representation of the appellants, dated 09.09.2019. Prayer in WP(MD). 21421/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondents to consider the petitioner representation dated 09.09.2019 to appoint the petitioner as permanent employee in the Tamil Nadu Civil Supplies Corporation.

Prayer in WP(MD). 21423/ 2019 :

Prayer in WP(MD). 21424/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the 1/3

respondents to consider the petitioner representation dated 09.09.2019 to appoint the petitioner as permanent employee in the Tamil Nadu Civil Supplies Corporation.

Prayer in WP(MD). 21426/ 2019 :

Prayer in WP(MD). 21427/ 2019 :

For Appellant : Mr.N.Ilango (in all appeals) COMMON JUDGMENT [Judgment of this Court was made by T.S.SIVAGNANAM, J.] Heard Mr.N.Ilango, learned counsel appearing for the appellants.

2.By consent of both parties, these writ appeals are taken up for final disposal.

3.These appeals have been filed against the order passed in W.P.(MD)Nos.21421, 21423, 21424, 21426 and 21427 of 2019, respectively, dated 14.10.2019 filed by the appellants seeking for a direction upon the respondents to consider their representation dated 09.09.2019 to appoint them as permanent employees in the Tamil Nadu Civil Supplies Corporation.

4.The learned Single Bench noting that the appellants were seasonal workers on temporary basis and their services were disengaged on completion of the season, rejected the claim sought for by the appellants. We find that absolutely there is no reason to interfere with the order passed by the learned Writ Court. Furthermore, if the persons claim that they are entitled to be treated as permanent employees, the said claim should be raised before the appropriate forum and the writ petitions are not proper remedy. Therefore, it is left open to the appellants to file other remedies that may be available to them under law. 5.Accordingly, these writ appeals stand dismissed. 2/3

However, the dismissal of the appeals shall not be a bar for the respondent corporation to engage the appellants as a seasonal workers.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) sji +5 CC to M/s.N.TAMILMANI, Advocate ( SR-99281[F] dated 19/11/2019 ) 18.11.2019 KM/(09.12.2019) 3P 6C 3/3