(*)M/S.Tnpl Worker S Right v. The General Manager(Hr)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2024
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.20866 of 2018 M/s.TNPL Workers Right Organisation, No.59, Karur Main Road, Velayuthampalayam Post, Karur District - 639 117.
Represented by its President Pon Elangovan.
: Petitioner Vs.
1.The General Manager (HR), M/s.Tamil Nadu Newsprint and Papers Limited Factory, Kagithapuram Post, Karur District - 639 136.
2.The Deputy Managing Director, M/s.Tamil Nadu Newsprint and Papers Limited, Corporate Office, 67, Mount Road, Guindy, Chennai - 600 032.
3.The Chairman and Managing Director of M/s.Tamil Nadu Newsprint and Papers Limited, 1/8
Secretary to the Government, Industries Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
4.The Commissioner of Labour, Department of Labour, Government of Tamil Nadu, D.M.S. Compound, Teynampet, Chennai - 600 006.
5.The Secretary to the Government, Labour and Employment, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
: Respondents [Cause title amended vide Court order dated 03.03.2017 in W.M.P.(MD)No.2781/2017] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records of all the 1-28 workman employees of M/s.Tamil Nadu Newsprint and Papers Limited factory at Kagithapuram, Karur District - 639 136 viz., 2/8
1.
A.Annadurai TNPL Employee No.1964 2.
R.Balasubramanian TNPL Employee No.1965 3.
M.Chellappa TNPL Employee No.1966 4.
M.Govindaraj TNPL Employee No.1968 5.
T.Jaisankar TNPL Employee No.1969 6.
K.Mahalingam TNPL Employee No.1971 7.
R.Mohana Sundaram TNPL Employee No.1973 8.
M.Mohanprabhu TNPL Employee No.1974 9.
P.Murugesan TNPL Employee No.1976 10.
A.Nallathambi TNPL Employee No.1977 11.
M.Pasuplathy TNPL Employee No.1979 12.
S.Rajendra Kumar TNPL Employee No.1981 13.
R.Ramasamy TNPL Employee No.1983 14.
R.Selvakumar TNPL Employee No.1986 15.
G.Selvaraj TNPL Employee No.1987 16.
A.Selvaraju TNPL Employee No.1988 17.
A.Senthilkumar TNPL Employee No.1989 18.
J.Senthilkumar TNPL Employee No.1990 19.
E.Shanmugam TNPL Employee No.1991 20.
V.Shanmugasundaram TNPL Employee No.1992 21.
K.Sundararajan TNPL Employee No.1993 22.
R.Suresh TNPL Employee No.1994 23.
S.Velmurugan TNPL Employee No.1996 24.
S.Ganesan TNPL Employee No.2000 25.
S.Murugesan TNPL Employee No.2001 26.
K.Ponnaiyan TNPL Employee No.2003 27.
S.Radhakrishnan TNPL Employee No.2004 28.
P.Rajamanickam TNPL Employee No.2005 3/8
pertaining to their order of appointment as unskilled Trainee from 07.10.1996 and subsequent probation, confirmation and upgradations to till date from the file of the first respondent herein and quash 4 years training period / consolidated pay period in their appointment order and directing the 1-5 respondents herein to revise the order of appointment of the 1-28 workman employees with respect to their training period / consolidated pay period to two years only instead of 4 years and other subsequent order of their probation, confirmation and upgradation to till date and award them with consequential service benefits and monitory benefits, within a stipulated period of 30 days from the date of receipt of this Hon'ble Court order and to report the same to this Hon'ble Court within a period of 45 days from the date of receipt of this Hon'ble Court order.
For Petitioner : Mr.S.C.Herold Singh For Respondents 1 to 3 : Mr.M.P.Senthil For Respondents 4 & 5 : Mr.G.Suriya Ananth Additional Government Pleader
O R D E R
The third respondent has filed additional counter affidavit. Paragraph No.6 of the additional counter affidavit reads as follows: 4/8
"6.It is submitted that one of the clause in the aforesaid settlement is that "The Management agreed to relax one year in the ensuing upgradation for 33 workmen who were recruited during 1997-1998 with 2 years of training and 1 year of consolidated pay". It is submitted that in view of this clause the grievance of the petitioner Union with respect to the 28 workmen has been redressed."
2.As seen from paragraph No.6 of the additional Counter affidavit dated 28.04.2024, filed by the third respondent, the grievance of the 28 workmen belonging to the petitioner union has been redressed. Learned Counsel for the petitioner would submit that there are other grievances which are yet to be addressed by the third respondent.
3.After recording the statement of the third respondent as reflected in paragraph No.6 of the additional counter affidavit dated 28.04.2024, which is extracted supra, this writ petition is disposed of, by granting liberty to the petitioner Union to approach the appropriate forum for redressal of further grievances of the members of the petitioner Union in the manner known to the petitioner under law.
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4.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
23.09.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 6/8
To 1.The Commissioner of Labour, Department of Labour, Government of Tamil Nadu, D.M.S. Compound, Teynampet, Chennai - 600 006.
2.The Secretary to the Government, Labour and Employment, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
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ABDUL QUDDHOSE , J.
MR 23.09.2024 8/8