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2024 Supreme(Online)(MAD) 43069
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.12.2024 CORAM:
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.Nos.29346 of 2008 and 6309 of 2009 W.P.No.29346 of 2008
1.D.Dinagaran
2.R.Ramamoorthy
3.V.Raja
4.M.Gnanavel
5.G.Palani
6.G.Govindaraji
7.K.Babu
8.K.Saravanan
9.D.Sydney Vincent Babuji
10.S.Panneer Selvam
11.G.Karunakaran
12.D.Bal raj
13.P.Venkatesan
14.L.Mothilal
15.M.Kumaresan
16.D.Haridass
17.V.Muthukumaran .. Petitioners in W.P.No.29346 of 2008
1.D.Mohan
2.K.Balasubramaniam
3.N.S.Baskaran
4.R.Shanmugasundaram
5.D.Ruban
6.M.Subakannan
7.R.Babu Raj
8.P.Gajananda Kumar
9.G.Venkatesan
10.M.Perumal 11.A.Pichandi
12.N.Sivakumar
13.B.Selvan
14.J.Govindasamy
15.P.S.Vaidyanathan
16.K.Karthikeyan
17.M.Ravichandran
18.S.Mahalingam 19.S.Pandurangan
20.G.Sathiyamoorthy
21.P.Poongavanam
22.M.Murali
23.B.Meganathan .. Petitioners in W.P.No.6309 of 2009 Vs.
1.The Management of Bharat Heavy Electricals Ltd., Represented by its Chairman and Managing Director, BHEL Corporate Office, Siri Fort, New Delhi-110 049.
2.The General Manager, Bharat Heavy Electricals Limited, Indira Gandhi Industrial Complex, Ranipet-632 406.
3.The Senior Manager/HR, (Recruitment & Systems), Bharat Heavy Electricals Limited, Indira Gandhi Industrial Complex, Ranipet-632 406. .. Respondents in both WPs.
Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the case of the petitioners for appointment in permanent regular services in the respondent company for the post of Artisans, as per the provisions of the Apprentices Act, 1961 based on the principles laid down by this Honourable court made in W.A. Nos. 685 to 687 of 2007 and in W.P.Nos. 7657, 9711 to 9715 of 2006 and 9639 of
2007.
In both WPs.
For Petitioners : Mr.R.Rajaram For R1 & R2 : Mr.F.B.Benjamin George
C O M M O N O R D E R
Both these writ petitions were filed by apprentices in Bharat Heavy Electricals Limited (BHEL) seeking appointment in the permanent regular services of the company for the post of artisans. 2.In earlier matters wherein the same issue arose for consideration, BHEL carried the matter in appeal before a Division Bench of this Court and the Division Bench allowed the appeals by holding that the private respondents cannot, as a matter of right, claim the relief sought for in view of Section 22(1) of the Apprentices Act, 1961. (The Management of Bharat Heavy Electrical Limited and others v. R.Govindan, MANU/TN/0228/2015). The Division Bench was also cognizant of the fact that the private respondents therein were guilty of laches, and recorded a finding to that effect. The matter was challenged before the Supreme Court by way of Special Leave Petitions, which came to be dismissed by order dated 13.08.2024.
3.Since these writ petitions are squarely covered by the decision of the Division Bench of this Court, these two writ petitions are dismissed without any order as to costs.
18.12.2024 Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No kj To
3.The Senior Manager/HR, (Recruitment & Systems), Bharat Heavy Electricals Limited, Indira Gandhi Industrial Complex, Ranipet-632 406.
SENTHILKUMAR RAMAMOORTHY,J.
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18.12.2024
