Dismissed¶42

G.Munirathinam v. the Principal Secretary

Madras HC2 Jul 2026WA/1149/2025

Case brief

AI extract

What is this about?

Madras High Court, W.A.No.1149 OF 2025, decided 02.07.2026, Neutral Citation 2026:MHC:2536 (Bench: S.M. Subramaniam & N. Senthilkumar JJ.; author: S.M. Subramaniam J.). Search terms: casual labour; daily wages Rs.8/- per day; NMR; Godown Padi; illegal retrenchment 21.04.1990; I.D.No.1186/1991 First Additional Labour Court Chennai; reinstatement without backwages; Award dated 14.07.1999; W.A.No.1032 of 2011 dismissed 02.08.2011; non-execution of Labour Court award; regularisation beyond scope of award; stale claim; Service Rules; G.O. dated 04.02.1988; Industrial Disputes Act, 1947; Clause 15 Letters Patent; order dated 29.01.2024 in W.P.No.11776 of 2021; writ appeal dismissed; no costs; terminal benefits pension gratuity denied.

What did the court decide?

None — writ appeal dismissed; no order as to costs. ¶42

G.Munirathinam Vs the Principal Secretary — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None — writ appeal dismissed; no order as to costs.

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Issue for consideration

Whether the writ order dated 29.01.2024 in W.P.No.11776 of 2021 should be set aside and the writ appeal allowed. +1 more

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Court's answer

The writ order passed by the learned Single Judge is in consonance with the settled principles of law; accordingly the writ appeal stands dismissed with no order as to costs.

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Ratio / Principle

The prayer sought for in the writ petition itself is misconceived.

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Key takeaways

The claim made by the appellant before this Court is stale and contrary to the Service Rules.ratio¶42
The appellant was never appointed as a regular employee in the Department; his services as a daily-wage employee were terminated in the year 1989 itself; and he did not take any steps to enforce or execute the Labour Court Award under the Industrial Disputes Act, 1947.ratio¶42

Detailed headnote1 paragraphs

Division Bench (S.M. Subramaniam & N. Senthilkumar JJ.) dismisses Clause 15 Letters Patent writ appeal upholding Single Judge's order dated 29.01.2024 in W.P.No.11776 of 2021. Appellant, engaged as Casual Labour on daily wages (stated as 01.01.1982–21.04.1990 at Rs.8/- per day; Godown watch at Padi upto 1989, NMR sanction not accorded thereafter), had obtained a Labour Court Award in I.D.No.1186/1991 (14.07.1999) ordering reinstatement without backwages; the Department's W.A.No.1032 of 2011 was dismissed on 02.08.2011. The Award was never executed; appellant instead claimed regularisation beyond the scope of the Award and, in 2021, sought Service Book corrections reflecting reinstatement w.e.f. 21.04.1990 per G.O. dated 04.02.1988, salary fixation with increments and arrears, promotions, and pension/gratuity/terminal benefits for 30 years with interest. Held: the prayer is misconceived; appellant was never a regular employee; his daily-wage services stood terminated in 1989; the claim is stale and contrary to the Service Rules; the Single Judge's writ order accords with settled principles of law. Appeal dismissed; no costs.

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2026:MHC:2536

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W.A.NO.1149 OF 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.07.2026

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR

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W.A.NO.1149 OF 2025

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G.Munirathinam

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S/o. Late Sri. M.Gopal, No.3/27, New No.75, Bhajanai Kovil Street, Nelvai Village and Post, Near T.B.Sanatorium, Vellore.

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Appellant / Petitioner

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Vs.

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1.The Principal Secretary Highways and Rural Works Department Fort St. George, Secretariat, Chennai.

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2.The Superintending Engineer Highways and Rural Works Department Tamil Nadu Urban Development Project Chennai.

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3.The Divisional Engineer Highways and Rural Works Tamil Nadu Urban Development Projects Division – II (Now renamed as Project – I) Chromepet, Chennai – 600 016.

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… Respondents / Respondents

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PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 29.01.2024 passed by this Court in W.P.No.11776 of 2021.

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Page No.1 of 6

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

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2026:MHC:2536

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W.A.NO.1149 OF 2025

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For Appellant : Ms.S.Vasavi Sridevi For Respondents 1-3 : Dr.R.Gouri Government Counsel

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JUDGMENT

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(Judgment of the Court was made by S.M.Subramaniam J.)

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The present writ appeal has been instituted challenging the writ order dated 29.01.2024 passed in W.P.No.11776 of 2021.

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2.The writ petitioner is the appellant herein. The appellant filed a writ of mandamus seeking a direction to the respondents to prepare service Book Dossier of Petitioner incorporating correct date of reinstatement with suitable post in terms of G.O. dated 04.02.1988 which is 21.04.1990 by reckoning length of service from 07.07.1980 to 30.06.2010 for fixation of salary on reinstated post with increments and other benefits with arrears to authorize such promotions if any fallen due within such length of service with full wages from the date of illegal retrenchment of 21.04.1990 calculation of pension gratuity and other terminal benefits etc., for length of 30 years and to pay the same with interest as applicable; also to pass such other appropriate order/s as this Court may justify fit and necessary to the circumstances and nature of the case; and to direct the respondents to carry out such orders / direction of this Court that would be passed in this case, within a stipulated time frame along with filing of a compilation report before this Court.

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Page No.2 of 6

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

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2026:MHC:2536

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W.A.NO.1149 OF 2025

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3.The prayer sought for in the writ petition itself is misconceived.

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The facts as narrated by the Divisional Engineer (H), Projects Division – I, Chennai of Highways and Rural Works, would show that the appellant was employed as Casual Labour on daily wages during the period from 01.01.1982 to 21.04.1990. Intermittently he was paid daily wages of Rs.8/- per day and that was calculated and paid at the end of every month. He was engaged to watch the Godown at Padi upto the year 1989 and thereafter, the permission and sanction for keeping NMR was not accorded and thus, the appellant was not engaged for any further work. Thereafter, the appellant started working at Ratchana Industries, 3/72, Eswaran Kovil Street, Koyambedu, Chennai – 17 and he himself had contested the cases from the said address.

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3.1.The termination of daily wages employment was challenged

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by raising an Industrial Dispute before the First Additional Labour Court, Chennai in I.D.No.1186/1991. The Labour Court ordered for reinstatement without backwages vide Award dated 14.07.1999.

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3.2.The Department filed writ appeal in W.A.No.1032 of 2011 and

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the same was dismissed on 02.08.2011. However, the appellant has not initiated steps for execution of the Award passed by the Labour Court. Contrarily, he started claiming regularisation of his services beyond the scope of the Award passed by the Labour Court. Since he was not in service even as

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NMR, his case was not considered for regularisation of services. After a

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Page No.3 of 6

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

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2026:MHC:2536

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W.A.NO.1149 OF 2025

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prolonged period, the appellant field a writ petition in the year 2021 seeking the benefit of regularisation and to settle the terminal benefits etc.

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4.The very claim made by the appellant before this Court is stale and contrary to the Service Rules. The appellant was never appointed as a regular employee in the Department. Moreover, his services as a daily-wage employee were terminated in the year 1989 itself. Thereafter, he did not take any steps to enforce or execute the Award passed by the Labour Court under the provisions of the Industrial Disputes Act, 1947. Therefore, this Court is of the view that the writ order passed by the learned Single Judge is in consonance with the settled principles of law. Accordingly, the writ appeal stands dismissed. However, there shall be no order as to costs.

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[S.M.S., J.] [N.S., J.]

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02.07.2026

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Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK

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Page No.4 of 6

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

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2026:MHC:2536

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W.A.NO.1149 OF 2025

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1.The Principal Secretary Highways and Rural Works Department Fort St. George, Secretariat, Chennai.

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2.The Superintending Engineer Highways and Rural Works Department Tamil Nadu Urban Development Project Chennai.

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3.The Divisional Engineer Highways and Rural Works Tamil Nadu Urban Development Projects Division – II (Now renamed as Project – I) Chromepet, Chennai – 600 016.

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Page No.5 of 6

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

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2026:MHC:2536

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W.A.NO.1149 OF 2025

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S.M.SUBRAMANIAM, J.

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AND N.SENTHILKUMAR, J.