2025:MHC:3011

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH

AND

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

W.A.Nos.2254 & 3121 of 2024

and CMP.No.23900 of 2024

W.A.Nos.2254 of 2024

Tuticorin Port Trust Democratic Staff Union,

Affiliated to CITU,

Represented by Secretary Thiru.P.Sampath,

No.16, Masilamanipuram

III Street, Toothukudi-628008. ...Appellant

Vs.

Tuticorin Port Trust,

Tuticorin,

Represented by its Chairman,

Tuticorin-4. ...Respondent

PRAYER: Appeal is filed under Clause 15 of the Letters Patent, praying to set aside the order dated 26.02.2024 in W.P.No.10907 of 1998 insofar as confining the relief of absorption only to the employees were on the rolls as on the date of filing of the Writ Petition and insofar as not extending the same relief to the 13 workmen who joined the canteen subsequent to the filing of the Writ Petition and insofar as not granting the monetary benefits up to the date of the order and for a direction to absorb all the canteen

employees numbering 69, including the 13 employees who joined after filing of the Writ Petition from the date of their joining as regular employees of the respondent Port Trust and to grant entire monetary benefits, including the terminal benefits upto the date of the impugned order.

For Appellant : Mr.V.Ajoy Khose For Respondent : Mr.R.Yashod Vardhan, Sr. Counsel for Mr.S.Yashwant, Standing Counsel W.A.Nos.3121 of 2024 Tuticorin Port Trust, Tuticorin, Represented by its Chairman, Tuticorin-4. ...Appellant Vs.

Tuticorin Port Trust Democratic Staff Union, Affiliated to CITU, Represented by Secretary Thiru.P.Sampath, No.16, Masilamanipuram III Street, Toothukudi-628008. ...Respondent PRAYER: Appeal is filed under Clause 15 of the Letters Patent, praying to set aside the impugned order passed by the learned Judge of this Court in W.P.No.10907 of 1998 dated 26.02.2024.

For Appellant : Mr.R.Yashod Vardhan, Sr. Counsel for Mr.S.Yashwant, Standing Counsel For Respondent : Mr.V.Ajoy Khose

COMMON JUDGMENT

(Judgment of this Court was delivered by M.S.RAMESH,J)

These Writ Appeals have been filed to set aside the impugned order passed in W.P.No.10907 of 1998 dated 26.02.2024.

2.It is the case of the Tuticorin Port Trust Democratic Staff Union that the canteen at the Tuticorin Port Trust was established in the year 1973 and though the canteen is under the pervasive control of the Port Trust, the canteen workers have not been absorbed till date. With this broad claim, they had filed a Writ Petition in W.P.No.10907 of 1998, seeking for issuance of Writ of Mandamus, directing the Port Trust to absorb the departmental canteen workers as the employees of the Port Trust with consequential benefits, including regular pay scale and other benefits. The learned Single Judge, by an order dated 26.02.2024, had allowed the Writ Petition and directed the Port Trust to absorb the departmental canteen workers of the Port Trust canteen from the date of filing of the Writ Petition. But, however, ordered the backwages to be paid only from the date of the order passed in the Writ Petition. These directions in the Writ Petition are as follows:-

“24. In fine, this Writ Petition is allowed by directing the respondent to absorb the departmental canteen workers working in the Port Trust canteen managed by the Tuticorin Port Trust Canteen Management Committee. Since, the petitioner had approached this Court only in the year 1998, I am of the view that the workers who were on the rolls of the departmental canteen as on the date of filing the Writ Petition would alone be entitled to relief. The respondent is directed to prescribe the Rules and Regulations and service conditions of such canteen workers including their pay and other attendant benefits, within a period of three (3) months from the date of receipt of a copy of this order.

(b)The respondent may also take into consideration the pay scale prescribed by the Chennai Port Trust in that aspect. The respondent shall also take into c