Disposed

Balasubramanian.a v. The Chairman

Madras HC7 Mar 2023WP(MD)/4841/2023

Case brief

AI extract

What is this about?

Petitioners sought to be absorbed as permanent employees after completing 480 days of service. The High Court noted similar cases were remitted to labour courts. Consequently, present petitioners were directed to appear before the jurisdictional labour court which must dispose of the matter on merits within six months.

What did the court decide?

Liberty to approach the jurisdictional labour court; direction to the labour court to dispose the petition on merits within six months.

Balasubramanian.a Vs The Chairman — Service and Employment | Madras HC (2023)

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W.P(MD)No.4841 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.03.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)Nos.4841 & 4842 of 2023 and W.M.P.(MD)Nos.4528 & 4529 of 2023

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A.Balasubramanian ... Petitioner in W.P.(MD)No.4841 of 2023

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K.Shanmugasundaram ... Petitioner in W.P.(MD)No.4842 of 2023

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Vs.

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1.The Chairman, Tamil Nadu Generation and Distraction Corporation Ltd., TANGEDCO,

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Mount Road,

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Chennai.

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2.The Chief Engineer (Personnel-Chennai G58)

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Tamil Nadu Generation and Distraction Corporation Ltd., TANGEDCO,

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Mount Road,

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Chennai.

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3.The Superintending Engineer, Tamil Nadu Generation and Distraction Corporation Ltd., TANGEDCO, Trichy Distribution Circle, Trichy Corporation, Trichy District.

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https://www.mhc.tn.gov.in/judis

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1/4

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W.P(MD)No.4841 of 2023

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4.The Executive Engineer, (Operation and Maintenance)

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Tamil Nadu Generation and Distraction Corporation Ltd., TANGEDCO, Manapparai, Trichy District. ... Respondents in both W.Ps.

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Prayer in W.P.(MD)No.4841 of 2023: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in his proceedings in Letter No.309/NiPi.4/Vu. 2/Ko.O.Tho/2022, dated 26.12.2022 and quash the same as arbitrary and illegal and consequently, direct the respondents to absorb the petitioner in the respondent corporation in any suitable post within a time frame as fixed by this Court.

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Prayer in W.P.(MD)No.4842 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in his proceedings in Letter No.309/NiPi.4/Vu. 2/Ko.O.Tho/2022, dated 26.12.2022 and quash the same as arbitrary and illegal and consequently, direct the respondents to absorb the petitioner in the respondent corporation in any suitable post within a time frame as fixed by this Court.

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For Petitioner : Mr.B.Prahalad Ravi

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For Respondents : Mrs.P.Malini for Mr.T.S.Goplana & Co (in both W.Ps)

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https://www.mhc.tn.gov.in/judis

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2/4

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W.P(MD)No.4841 of 2023

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COMMON ORDER

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Heard the learned counsel on either side.

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The writ petitioners challenge the impugned order passed by the third respondent and demand that they should be made permanent as they have completed more than 480 days in 24 calender months. It is seen that similarly placed individuals had earlier filed W.P.(MD)Nos.2110 & 2111 of 2023 before this Court and this Court vide order dated 02.02.2023 had relegated the petitioners to go before the jurisdictional labour court. The very same liberty is granted to the present petitioners also.

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As and when the petitioners file any petition before the jurisdictional labour court, the same shall be numbered immediately without reference to limitation and dispose of on merits and in accordance with law within a period of six months thereafter.

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These Writ Petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

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07.03.2023

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Index : Yes / No Internet : Yes/ No rmi

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3/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.4841 of 2023

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G.R.SWAMINATHAN, J.

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rmi

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W.P(MD)No.4841 of 2023

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07.03.2023

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https://www.mhc.tn.gov.in/judis 4/4

Balasubramanian.a v. The Chairman

Case brief

What is this about?

What did the court decide?

Balasubramanian.a v. The Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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