S.Rajaraman v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2024

CORAM

JUSTICE N. SESHASAYEE and JUSTICE L.VICTORIA GOWRI and C.M.P.(MD) No.10941 of 2019 S.Rajaraman ... Appellant/2nd Respondent Vs.

1.The Executive Engineer, Tamil Nadu Electricity Board, (Operation and Maintenance), (Presently called TANGEDCO), Kumbakonam Division, Rajan Thottam, Thiruvidaimaruthur Road, Kumbakonam-621 001.

... 1st Respondent/Writ Petitioner 2.The Presiding Officer, Labour Court, Cuddalore.

... 2nd Respondent/1st Respondent

Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated 04.06.2018 made in W.P.(MD) No.5913 of 2014.

For Appellant :

Mr.T.Sekar For R1 :

Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

JUDGMENT

(Judgment of the Court was delivered by N.Seshasayee, J.) The appellant herein was earlier engaged by the 1st respondent as a Contract Labour. Later, he sought regularisation of his services and raised an industrial dispute and approached the concerned Labour Court in I.D.No.29 of 2009. That came to be allowed and that was challenged by the 1st respondent in W.P.(MD) No.5913 of 2014 successfully. Aggrieved by the same, this appeal is filed by the workman.

2. Learned counsel for the 1st respondent submitted that even when the writ petition was pending final adjudication, a scheme was brought into force, by which the workman concerned and those who are similarly placed were

absorbed with a precondition that the workman would not claim any benefit prior to the date of his absorption. The writ petitioner had also given that undertaking and he had been absorbed.

3. Learned counsel for the appellant also concurred with the view of the learned counsel for the 1st respondent.

4. The said statement is recorded and accordingly, this Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(N.S.S., J.) (L.V.G., J.) 11.06.2024 NCC : Yes/No Index : Yes/No Internet : Yes ABR

To The Presiding Officer, Labour Court, Cuddalore.

N. SESHASAYEE, J.

and L.VICTORIA GOWRI , J.

ABR 11.06.2024