The High Court of Madras dismissed a writ petition seeking direction to absorb contract labourers and regularize employees. The court held the petition infructuous as all employees had already been absorbed by the respondent.
Prayer for issuance of Writ of Mandamus to absorb employees and award costs was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.12.2016
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.2495 of 2011 and
M.P.No.1 of 2011
Ernavur,
Chennai - 600 057.
...Respondents
Prayer :- Writ Petition under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent Nos.1 and 2 to absorb 3433 employees who have been recognized to have entered service of the Board prior to 05.01.1998 and who have been paid wages directly based on their seniority and thereafter absorb other contract labourers, award costs.
(Prayer amended as per order dated 18.11.2013 by D.H.P.J. in M.P.No.1/2012 in W.P.No.2495/2011)
For Petitioners : Mr.Balan Haridas For Respondents : Mrs.R.Varalakshmi, Standing Counsel for EB - - - - - ORDER Learned counsel appearing for the respondents submitted that now all the employees were absorbed by the respondent Electricity Board and therefore, the prayer in the writ petition has become infructuous. 2. In view of the above, this writ petition is dismissed as infructuous. Consequently, connected miscellaneous petition is also dismissed. No costs. Sd/ Assistant registrar(CS VI) /true copy/ sub assistant registrar Jrl To 1. The Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai - 600 002.
1 issue framed by the court
Whether the writ petition seeking direction to absorb contract labourers is maintainable when all employees have already been absorbed.
Tamil Nadu Electricity Workers Federation
Tamil Nadu Electricity Board, Workers Progressive Union
Tamil Nadu Electricity Board
The Chief Engineer (Personnel), Tamil Nadu Electricity Board
Tamil Nadu Electricity Board, General Employees Union
D. Kr Shakun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
