Single judge disposed of a writ petition seeking regularization of service and absorption as permanent employees by observing that the petitioners could address grievances regarding the seniority list to the corporation, rendering further adjudication unnecessary.
The writ petition stands disposed of. No order as to costs.
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 : 06-07-2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.NO.155 OF 2015 AND M.P.NO.1 OF 2015
.Vs.
PRAYER:-
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to regularise the service of the petitioners or absorb as permanent employees of the first respondent-Corporation with effect from the date of their initial engagement with all monetary and service benefits in the light of the law laid down by the Hon'ble Apex Court in Delhi Jal Board vs. National Campaign for Dignity and Rights of Sewerage and Allied Workers and Others reported in 2011 (8) SCC 568.
For Petitioners : Mr.R.Singaravelan Senior Counsel For Mr.M.Rajamani
For Respondents : Mr.F.B.Benjamin George
O R D E R
The relief sought for in the present writ petition is to direct the respondents to regularise the services of the petitioners or absorb as permanent employees of the first respondent-Corporation with effect from the date of their initial appointment with all monetary and service benefits.
2. The learned Senior Counsel appearing on behalf of the petitioners drew the attention of this Court with reference to the averments made in paragraph-22 of the counter-affidavit filed on behalf of respondents 1 and 2, the learned Senior Counsel for the petitioners made a submission that it is suffice if the contentions in paragraph-22 of the counter-affidavit have been given effect to and the same is extracted as under:-
“I state that the petitioners are also governed by the consolidated seniority list prepared by the first respondent which was accepted by the Hon'ble Supreme Court and recorded in its order dated 16.04.2013 in Civil Appeal No.1629 of 2011 in its order the Hon'ble Supreme Court categorically stated that “if workmen has any grievance with the said seniority list, they can submit their grievance/objection to the management of the appellant-Corporation who shall consider the same”. Therefore, if there is any dispute with regard to the seniority it is open to the petitioners to submit their grievance to this respondent. The present Writ Petition is not maintainable.”
3. In view of the counter-affidavit filed by the respondents 1 and 2 in paragraph-22, extracted supra, no further adjudication needs to be undertaken in respect of the grounds raised in the present writ petition.
4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
Svn
| To | |
|---|---|
| 1. | The Chairman, Neyveli Lignite Corporation Ltd., Neyveli – 2. |
| 2. | The Manager, (P & IR), Neyveli Lignite Corporation Ltd., Neyveli – 2. |
| +1cc | to Mr.F.B.Benjamin George, Advocate, S.R.No.43707 |
| +1cc | to Mr.M.Srividhya, Advocate, S.R.No.44109 |
W.P.NO.155 OF 2015
MG(CO) PBS/21/07/2022
2 issues framed by the court
Whether the writ petition seeking regularization of service and absorption as permanent employees is maintainable in view of the respondents' contention that the matter is sub judice before the Suprem
Whether the petitioners should raise their grievances with the management regarding the consolidated seniority list instead of approaching the High Court.
Colour shows how this judgement treated each authority
Delhi Jal Board vs. National Campaign for Dignity and Rights of Sewerage and Allied Workers and OthersReferred¶50
Delhi Jal Board vs. National Campaign for Dignity and Rights of Sewerage and Allied Workers and Others reported in 2011 (8) SCC 568
Civil Appeal No.1629 of 2011Referred¶56
Civil Appeal No.1629 of 2011
1 provisions across 1 enactments
D.Veerakumar and others
Neyveli Lignite Corporation Ltd.
S. M.S. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
