Madras High CourtWP(MD)/1348/2013disposed of

Mariappan, v. The Commissioner,

2018-02-21Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.1348 of 2013 1.Mariappan 2.S.Sundaralagu ... Petitioners Vs

1. The Commissioner, Milk Production and Dairy Development, Mathavaram, Chennai-51.

2. The Management, Sivagangai District Co-operative Milk Producers, Union Ltd., Siruval Road, Kalanivasal, Karaikudi-2.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to confer permanent status to the petitioner as per the order of the Factories Inspector, Sivagangai dated 11.07.2011 in N.Aa/1452/2010 and consequently direct the second respondent to settle the entire arrears of pay and monetary benefits to the petitioner with effect from 17.03.1997. For Petitioner : Mr.D.Velmurugan For R1 : No Appearance For R2 : Mr.S.Viswalingam,

ORDER

The relief sought for in this writ petition is for a direction to direct the second respondent to confer permanent status to the writ petitioner as per the orders of the Factories Inspector, Sivagangai, dated 11.07.2011 in N.Aa/1452/2010 and consequently direct the second respondent to settle the entire arrears of pay and monetary benefits to the writ petitioner with effect from 17.03.1997.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel appearing on behalf of the writ

petitioner states that the Inspector of Factories, Sivagangai has already passed an order, dated 11.07.2011 under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1982. The grievance of the writ petitioner is that the said order has not been implemented. Thus, the petitioners are constrained to move the present writ petition. In this regard, the petitioners had already submitted a representation to the second respondent on 12.10.2012.

3.Thus, without going into the merits of the matter, the respondents are directed to consider the representation submitted by the writ petitioners on 12.10.2012 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioners are directed to enclose the copy of the representation to the respondents 1 & 2, documents if any, along with the order passed in this writ petition.

4.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar + 1 cc TO Mr.S.Viswalingam , Advocate in SR No. 50365 + 1 cc TO Mr.S.M.Mohan Gandhi , Advocate in SR No. 50373 am AE/CVC/SAR2/16.03.2018/2P/3C W.P(MD)No.1348 of 2013 21.02.2018 https://hcservices.ecourts.gov.in/hcservices/