Disposed

J.Ezhilarasan v. Managing Director

Madras HC29 Apr 2024WP/10613/2024

Case brief

AI extract

What is this about?

Workmen sought a direction that they not be terminated while their permanency claim under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 was pending. The court directed the labour authority to decide the case within three months and ordered status quo, noting the petitioners were still working.

What did the court decide?

Direction to third respondent to dispose of CPS Case No.E/187/2018 within three months; status quo maintained until disposal; no costs.

J.Ezhilarasan Vs Managing Director — Labour and Industrial Disputes | Madras HC (2024)

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W.P.No.10613 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.04.2024

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CORAM :

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.10613 of 2024

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and W.M.P.Nos.11678 and 11680 of 2024

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J.Ezhilarasan

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R.Sathish

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S.Desam

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V.Vimal

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A.Shanthi

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R.Valli

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C.Sathishkumar

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E.Velu

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A.Senuvasan

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V.Prabhakaran

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A.Sridhar

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N.Bhakiyalakshmi 13. M.Raghupathy 14. M.Vijaya

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M.Paul Sam Sundar .. Petitioners

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Versus

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Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Street, Chennai - 600 010.

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Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Chennai - North Zone, Chennai - 600 086.

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The Assistant Commissioner of Labour

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

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1/6

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W.P.No.10613 of 2024

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(Enforcement) - 3, No.33, Venkatnarayana Road, Nandanam, Chennai. .. Respondents R3 - suo motu impleaded as per the order, dated 18.04.2024 in W.P.No.10613 of 2024.

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing respondents 1 and 2 from in any manner ousting / terminating / dispensing with the services of the petitioners herein during the pendency of application pending before the Assistant Commissioner of Labour (Enforcement) - 3 and Authority under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 having office at No.33, Venkatnarayana Road, Nandanam, Chennai - 600 035 in CPS Case No.E/187/2018.

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For Petitioners : Mr.V.Subramani

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For Respondents : Mr.C.Selvaraj Panel Advocate (TNCSC) for RR-1 and 2

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: Mr.Stalin Abhimanyu, Additional Government Pleader, for R3

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ORDER

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It is seen that the petitioners who are working in the respondent

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Corporation have moved the third respondent by their application in C.P.S

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Case No.E/187/2018 to confer permanency on them under the Tamil Nadu

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

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2/6

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W.P.No.10613 of 2024

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Industrial Establishments (Conferment of Permanent Status of Workmen) Act, 1981 and the same is still pending.

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Mr.C.Selvaraj , learned Panel Advocate (TNCSC) for the

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respondent Nos.1 and 2 also would submit that the claim is pending and the petitioners are also working as on date.

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In view thereof, this Writ Petition is disposed of with a direction to the third respondent to consider the said case in CPS Case No.E/187/2018 and dispose of the same on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. Since the petitioners are admitted to be working as on date, until the disposal of the application by the Inspector of Labour, Nandanam, Chennai, let status quo as on today be maintained. There shall be no order as to costs.

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Consequently, connected miscellaneous petitions are closed.

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29.04.2024 (2/2)

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Index : yes Speaking order Neutral Citation : no grs

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

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3/6

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W.P.No.10613 of 2024