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2022 Supreme(Mad) 1920
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
P. Iyyappan - Appellant
Versus
The Chairman Cum Managing Director, Tamilnadu Generation & Distribution Corporation Ltd., Chennai & Others - Respondent
W.P. Nos. 8832 to 8835 of 2014
Decided On : 10-06-2022
For the Petitioners:G.B. Saravanabhavan, Advocate. For the Respondents: P. Subramanian Standing Counsel.
Disputed issues related to employment conditions and alleged violations should be adjudicated before the Labour Court under the Industrial Disputes Act.
Headnote:
Compassionate Appointment - Industrial Disputes Act - 12 (3) Settlement - [Article 226, Compassionate Appointment, Industrial Disputes Act] - The court discussed the appointment of the petitioners on compassionate grounds and their claim for absorption as Assessors in a higher scale of pay. The court held that such disputed issues are to be adjudicated with reference to the documents and evidences before the Labour Court concerned under the provisions of the Industrial Disputes Act. The initial appointment was on compassionate grounds, and any claim for further posts should be addressed through the appropriate legal channels.
Fact of the Case:
The writ petitioners were appointed on Compassionate Grounds due to the death of their father and were appointed in the post of Assessor Grade-II as Trainees.
Finding of the Court:
The court found that the disputed issues regarding the petitioners' entitlement to be absorbed as Assessors in a higher scale of pay and the alleged violation of the 12 (3) Settlement by the Management should be adjudicated before the Labour Court under the Industrial Disputes Act.
Issues: The issues involved the petitioners' claim for absorption as Assessors in a higher scale of pay and the alleged violation of the 12 (3) Settlement by the Management.
Ratio Decidendi: The court held that disputed issues related to the petitioners' employment conditions and alleged violations should be adjudicated before the Labour Court under the Industrial Disputes Act.
Final Decision: The court disposed of all the writ petitions, stating that the claims set out in the writ petitions deserve no merit consideration and that the petitioners should approach the Labour Court if they raise any violation with reference to the terms and conditions of the 12 (3) Settlement.
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the entire record pursuant to the Memo No.013706/316-1/Adm.I/A.3/F.Assr./2014 dated 12.02.2014 and the consequential order in Memo No.EE/O&M/N/KPM/ A1/EPro/2014 dated 21.12.2014 on the file of the 3rd respondent, quash the same.)
Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the entire record pursuant to the Memo No.000610/2927 ADM.I/A.3/F Assr/2014 dated 12.02.2014 on the file of the 3rd respondent, quash the same.
Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the entire record pursuant to the Memo No.012432 / 291 / Adm.I / A.3 / F Assr. / 2014 dated 12.02.2014 and the consequential order in Koo.No.SaePoo / E.Pa / Thae / Ka / NeePee / Uoo / 2Co.Assr.Gr.II /2014 dated 05.03.2014 on the file of the 3rd respondent, quash the same.
Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the entire records pursuant to the Memo No.012432/291-1/ Adm.I/A.3/F Assr./2014 dated 12.02.2014 and the consequential order in Koo.No.SaePoo / E.Pa / Thae / Ka / NeePee / Uoo / 2Co.Assr.Gr.II /2014 dated 05.03.2014 on the file of the 3rd respondent, quash the same.)
Common Order
1. The issue involved in all the writ petitions are one and the same and hence, they are disposed of by this common order.
2. The relief sought for in W.P.No.8832 of 2014 is to call for the entire record pursuant to the Memo No.013706/316-1/Adm.I/A.3/F.Assr./2014 dated 12.02.2014 and the consequential order in Memo No.EE/O&M/N/KPM/ A1/EPro/2014 dated 21.12.2014 on the file of the 3rd respondent, quash the same.
2.1. The relief sought for in W.P.No.8833 of 2014 is to call for the entire record pursuant to the Memo No.000610/2927 ADM.I/A.3/F Assr/2014 dated 12.02.2014 on the file of the 3rd respondent, quash the same.
2.2. The relief sought for in W.P.No.8834 of 2014 is to call for the entire record pursuant to the Memo No.012432 / 291 / Adm.I / A.3 / F Assr. / 2014 dated 12.02.2014 and the consequential order in Koo.No.SaePoo / E.Pa / Thae / Ka / NeePee / Uoo / 2Co.Assr.Gr.II /2014 dated 05.03.2014 on the file of the 3rd respondent, quash the same.
2.3. The relief sought for in W.P.No.8835 of 2014 is to call for the entire records pursuant to the Memo No.012432/291-1/ Adm.I/A.3/F Assr./2014 dated 12.02.2014 and the consequential order in Koo.No.SaePoo / E.Pa / Thae / Ka / NeePee / Uoo / 2Co.Assr.Gr.II /2014 dated 05.03.2014 on the file of the 3rd respondent, quash the same.
3. The writ petitioners were appointed on Compassionate Grounds due to the death of their father. They were appointed in the post of Assessor Grade-II as Trainees.
4. The learned counsel for the petitioners made a submission that though the petitioners were appointed as Assessor Grade-II, the Board is extracting the work applicable to the Post of Assessor and therefore, the petitioners are entitled to be absorbed as Assessors in the higher Scale of pay. It is further contended that as per the terms and conditions agreed between the Management and workmen in 12 (3) Settlement, the petitioners are entitled for the relief for appointment to the post of Assessor in the higher scale of pay.
5. When the petitioners themselves have stated that their conditions of service are governed under the 12 (3) Settlement and they are workmen, such disputed issues are to be adjudicated with reference to the documents and evidences before the Labour Court concerned under the provisions of the Industrial Disputes Act. Such an adjudication cannot be done by the High Court in a writ proceedings under Article 226 of the Constitution of India. That apart, the writ petitioners were appointed on Compassionate Appointment in the post of Assessor Grade-II in the time scale of pay applicable to the said post. Beyond that, if
