Varadarajan Vs The Management of Perambalur

2.The Chief Executive, Formerly Jawaharlal Nehru Sugar Mills, Perambalur Sugar Mills Ltd, Eraiyur, Veppanthattai Taluk, Perambalur District – 621 133. ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 2^nd respondent to regularized the petitioner's service and made permanent and should be given all the benefits at par with that of permanent workers to the petitioner as per the order E/286/13 dated 10.11.2014 passed by the Joint Director, Industrial Safety and Health, Tirchirappalli.

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

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W.P.No.19235 of 2022

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For Petitioner : Mr.T.Ganesan For Respondents : Mr.E.P.Senniyangiri Government Advocate for R1 No Appearance for R2

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O R D E R

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This petition has been filed by the petitioner to direct the 2^nd respondent to regularize the petitioner's service and made permanent worker as per the order E/286/13 dated 10.11.2014 passed by the Joint Director, Industrial Safety and Health, Tirchirappalli.

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After service of notice to the respondents none appeared on behalf

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of the 2^nd respondent, the name of the 2^nd respondent is also printed in the cause list.

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The learned counsel appearing for the petitioner would submit that

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the petitioner was appointed as a temporary driver in the 2^nd respondent company and thereafter he approached the concerned Authority under the

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

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W.P.No.19235 of 2022

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Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and the same was allowed. The 2^nd respondent challenged the said Order through W.P.No.4015 of 2015 and the same was dismissed on 12.07.2016. Thereafter, the 2^nd respondent preferred an appeal in W.A.No.1098 of 2016 and the same was also dismissed on 01.07.2019. Subsequently, the 2^nd respondent preferred an appeal before the Hon'ble Supreme Court in Diary No.20277 of 2020 and the same was also dismissed on 27.11.2020. Even after, no order has been passed by the Authority, as per the Order E/286/13. Therefore, he prayed to allow this Writ Petition.

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Heard the learned counsel for the petitioner and the learned Government Advocate for the 1^st respondent and perused the materials available on records.

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It is an admitted fact that the petitioner had already approached the competent authority in E/286/2013 dated 10.11.2014 and the same was allowed. When the matter went up to the Hon'ble Supreme Court, the Hon'ble Supreme Court also confirmed the order passed by the Joint Director, Industrial Safety and Health, Tirchirappalli.

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

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W.P.No.19235 of 2022

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Now, the petitioner filed this writ petition to direct the 2^nd respondent to regularize the petitioner's service. Since already the competent authority had passed the order, it is the duty to the respondent to comply with the order passed by the Authority. However, due to non compliance of the order, the petitioner approached this Court. Since the order has been passed by the competent authority, this Court once again cannot pass any further orders. However, to meet the ends of justice, the respondents are directed to comply the order passed by the competent authority in order No.E/286/13 dated 10.11.2014. The respondents are directed to comply with the order within a period of two months from the date of receipt of a copy of this order. No costs.

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