The High Court, Madras disposed of six connected writ petitions filed under Article 226 of the Constitution. The court held that the issues were squarely covered by a subsequent common order (W.P. No. 358 of 2018) dated 24.04.2018 and dismissed the petitions accordingly.
The writ petitions were dismissed entirely.
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: 09.10.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM
W.P. No.17193 to 17198 of 2012
G.Manivel ..Petitioner in W.P.No.17193 of 2012 M.Munirathinam ..Petitioner in W.P.No.17194 of 2012 P.Sathiya Prakash ..Petitioner in W.P.No.17195 of 2012 Dhachinamoorthi ..Petitioner in W.P.No.17196 of 2012 J.Kaliappan ..Petitioner in W.P.No.17197 of 2012 Thirupathi ..Petitioner in W.P.No.17198 of 2012 Vs. 1.The Tamil Nadu Electricity Generation & Distribution Corporation Ltd., Represented by the Chairman, No.144, Anna Salai, Chennai - 2. 2.The Chief Engineer (Personnel), The Tamil Nadu Electricity Generation & Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 2. 3.The Superintending Engineer, The Tamil Nadu Electricity Generation & Distribution Corporation Ltd., Dharmapuri - 5. 4.The Inspector of Labour, Krishnagiri District. .. Respondents in all Writ Petitions
PRAYER in all Writ Petitions: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to
implement the order of the fourth respondent made in A/2843/2010, A/2517/2010, A/2843/2010, A/2843/2010, A/2843/2010 and A/2517/2010, respectively, dated 09.05.2011 under the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act 1981 and thereby direct the respondents 1 to 3 to absorb the petitioners in the first respondent Corporation as permanent employee.
For Petitioner in all Writ Petitions : Mr.P.M.Jayachandran
For Respondents in all Writ Petitions : Mr.T.S.Akash
Heard Mr.M.Jayachandran, learned counsel for the petitioners; Mr.T.S.Akash, learned Standing Counsel, representing M/s.T.S.Gopalan & Co. for the respondents 1 to 3; Mr.B.Anand, learned Government Advocate for the fourth respondent and perused the materials available on record.
"4.In this view of the matter, the workmen are permitted to submit fresh representations to the writ
petitioners management, within a period of three(3) weeks from the date of receipt of a copy of this order, along with all necessary documents establishing their engagement as contract labourer. In the event of receiving any such representation from the workmen, the writ petitioner management is directed to consider the same, in the light of the Board proceedings issued dated 09.01.2008 and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5.In view of the submissions made by the learned counsel appearing on behalf of the workmen, the order passed by the Inspector of Labour granting permanent status cannot be insisted upon and in the event of considering the case of the workmen in the light of the B.P.No.9 dated 09.01.2008, the orders passed by the Inspector of Labour need not be given effect to.
6.Accordingly, these writ petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. However, there is no order as to costs. "
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
r n s To 1.The Tamil Nadu Electricity Generation & Distribution Corporation Ltd., Represented by the Chairman, No.144, Anna Salai, Chennai - 2. 2.The Chief Engineer (Personnel), The Tamil Nadu Electricity Generation & Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 2.
2 issues framed by the court
Whether Writ Petitions seeking permanent absorption of contract workers under the Tamil Nadu Industrial Establishments Act, 1981 are maintainable when the matter is subsumed by a subsequent common ord
Whether the petitioners can institute fresh instances to challenge the disposal of similar writ petitions in a common order.
Colour shows how this judgement treated each authority
Common order passed by this Court in W.P.No.358 of 2018 batch, dated 24.04.2018Distinguished¶15
W.P.No.358 of 2018
G.Manivel
M.Munirathinam
P.Sathiya Prakash
Dhachinamoorthi
J.Kaliappan
Thirupathi
Mr. Justice K.Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
