M.Palanivel Vs the Chairman Cum Managing Director

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to consider the representation of the petitioner dated 21.10.2024 and to pay the back wages, arrears of the salary and other benefits by calculating

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from the date of the order of the labour Inspector, cuddalore dated 20.04.2007.

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For Petitioner : Mr. R. Sudhakar For Respondents : Mr. Venkatesh Prasad, A.P. for M/s. Agam Legal

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ORDER

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This Writ Petition has been filed in the nature of a mandamus seeking a direction against the respondents to consider the representation of the petitioner dated 21.10.2024 and pay back wages, arrears of salary and other benefits from the date of the order of the Labour Inspector,Cuddalore, which was dated 20.04.2007.

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In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner had put in employment for nearly 35 years under the respondents as a contract labourer. He therefore made an application before the Labour Inspector, Cuddalore, seeking to be brought into regular and permanent employment. A direction was also passed accordingly. The petitioner had then filed a Writ Petition in W.P.No.31797/2022 seeking implementation of the order of the Labour Inspector. That Writ Petition was allowed by an order dated 15.04.2024.

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Consequent to the same, the petitioner now seeks payment of backwages. However, it is contended on behalf of the respondents that they had filed a Writ Appeal in W.A. No.3744/2024 and an interim order of stay has also been granted on 21.12.2024.

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It is only appropriate that the petitioner joins issue in the Writ Appeal. The present Writ Petition cannot be maintained by him in view of the fact that the issue to consider the petitioner as a permanent employee itself is a subject matter in the Writ Appeal. This Writ Petition stands dismissed. No costs.

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18.02.2025

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Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga

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To